1. -WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available in the appeal paper book and on hearing the A.R. on behalf of appellant.
2. APPELLANT herein is original complainant and respondent is original O.P. (Hereinafter for brevity''s sake parties will be referred to as their said status in the complaint.)
The complainant has filed this appeal being not satisfied with the order of the District Forum dated 3.1.2004.
It is noticed that the District Forum has held in favour of the complainant that O.P. was deficient and has made award for refund of the amount of ornament for value of Rs. 8,280/-.
3. IT is noticed that the O.P. is a Goldsmith and complainant had placed order for making Mangalsutra and, from time-to-time, paid a sum of Rs. 8,280/- towards cost thereof to which O.P. also issued receipt which has been relied upon.
Since O.P. did not deliver the said ornament that complaint was filed.
4. BEFORE District Forum O.P. appeared and denied the same. However, despite giving further time for filing written statement, he did not do so, hence matter proceeded ex parte.
District Forum accepted the case of the complainant and having satisfied about the merits thereof has made award holding the O.P. being deficient.
However, the District Forum notwithstanding has only ordered refund of the amount which complainant had paid towards price of the ornament in question and has not awarded any compensation or interest.
5. IT is stated that as provided under Section 14(1)(d) of Consumer Protection Act, 1986, in the event deficiency stands established, it is obligatory upon the Consumer Fora to make good the loss claimed by the complainant and also award compensation for mental agonies suffered.
6. HOWEVER, the District Forum has not considered the aspect of award of compensation which in our view was not proper. This is so because District Forum has rendered the finding to the effect that O.P. was deficient in rendering services.
In the circumstances we order payment of interest on the said amount with effect from 13.11.2002 on which date the complainant has paid the cost of ornament to the O.P. at the rate of 7% as also compensation of Rs. 3,000/-. We modify the order accordingly. ORDER Appeal is partially allowed to the extent under:
1. Order of the District Forum for refund of Rs. 8,280/- stands confirmed. 2. O.P. is also ordered to pay interest on the said amount of Rs. 8,280/- to complainant at the rate of 7% with effect from 13.11.2002 till realisation. 3. O.P. shall also pay compensation of Rs. 3,000/- for mental agonies suffered. 4. O.P. shall also pay cost to the complainant quantified at Rs. 1,500/-. 5. Appeal stands disposed of. 6. Office to furnish copies of the order to the parties.
Appeal partially allowed.
