AI Structured Summary
Not yet generated for this judgment
Judgment
-MR. B.S. Banthia, learned Counsel for the appellant and MR. R.K. Gupta, learned Counsel for the respondent have been heard and the entire record has been examined.
PHOTOCOPY machine supplied went out of order within three days. Engineers of the appellant examined it and submitted a report which had indicated that the machine was beyond repair. It further indicated that photo-prints which are coming out of the machine are not accurate. In this view of the matter the appellants'' Counsel perhaps was well advised to say before the District Forum that he was prepared to repair the machine. Mr. Banthia contended that the District Forum''s direction to replace the machine is more than the concession.
Mr. R.K. Gupta, Counsel for the respondent has argued that if the machine was beyond repair the question of repairing the same does not arise and, therefore, the order was passed for replacement of the machine.
AFTER hearing the matter only conclusion is that the direction of District Forum for replacement of the machine is correct which is upheld. Coming now to the payability of interest @ 18% p.a., the said direction appears to be excessive. Once the machine is replaced by new one, compensation would be made automatic in the said action of the appellants. Therefore, no interest is payable.
THE appeal is disposed of with the direction that within two months from today the appellants shall replace the photocopy machine with a new one. On replacing the machine with a new one the old machine shall be returned by the respondent to the appellants. Parties will bear their own cost. Appeal disposed of.