This is a discussion on G.K. Electronics within the Judgments forums, part of the General Discussions category; IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b) of the Consumer Protection Act, 1986) Date of ...
IN THE STATE COMMISSION : DELHI
(Constituted under Section 9 clause (b) of the Consumer Protection Act, 1986)
Date of Decision : 03.03.2009
Appeal no. FA-09/37
(Arising from the order dated 18.11.2008 passed by District Forum IV, in complaint case no. 112/2008)
Smt Ruma Mukerjee/Shri K.K. Kukerjee,
Residents of : House no. G-75/A,
Aya Nagar Extension,
New Delhi-47 …..Appellant
Shri Giriraj Sharma,
Owner of : M/s G.K. Electronics,
N-22, Street no. 2, Sadat Pur Extension,
Pushta Area, Karawal Nagar,
Justice J.D. Kapoor, President
Ms. Rumnita Mittal, Member
1. Whether reporters of local newspaper be allowed to see the
2. To be referred to the reporter or not?
JUSTICE J.D. KAPOOR(ORAL)
1. The appellant purchased one Inverter with two batteries from the respondent on 17.4.2007 for Rs. 16,000/-. The inverter was found defective and non functioning . He made complaint to the respondent for rectification of the defects but the defects were not removed. Subsequently, the appellant filed the instant complaint before District Forum .
2. The District Forum vide an ex parte order dated 18.10.2008 directed the respondent to refund Rs. 10000/-against the return of the defective inverter. Feeling dissatisfied with the order of District Forum the appellant has preferred this appeal.
3. We have perused the impugned order and it was observed that refund of Rs. 10000/- will meet the end of justice. In terms of section 14(1) of CPA, the District Forum has discretion to order the opposite party to do one or more following things namely :
(a) To remove the defect pointed out by the appropriate laboratory from the gods in question;
(b) To replace the goods with new goods of similar description which shall be free from any defect;
(c) To return to the complainant the price, or, as the case may be, the charges paid by the complainant;
(d) To pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party;
[Provided that the District Forum shall have the power to grant punitive damages in such circumstances as it deems fit;]
4. District Forum has rightly observed that since the appellant has used the inverter for about one year and the refund of Rs. 10000/- will meet the end of justice, by opposite party and the opposite party shall pick-up his defective inverter and battery from the premises of the appellant.
5. The discretion exercised by District Forum does suffer from any infirmity . Accordingly the appeal is dismissed.
6. FDR / Bank guarantee, if any, furnished by the appellant be returned to the appellant forthwith after completion of due formalities.
7. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
8. Announced on 03.03.2009.