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Judgment
THE complaint was filed in C.D. No. 613/91 either to replace the iron body air cooler with fiber body air cooler or to repay the amount of Rs. 3000/- with 18% p.a. interest from 3.5.1981; to award damages of Rs. 3000/- for the delay caused in the replacement of fiber body cooler and also to award Rs. 500/- towards legal expenses.
IT was alleged in the complaint that the complainant paid Rs. 3000/- for fiber body air cooler. On delivery it was found that she was supplied with iron body cooler. The opposite party i.e. the appellant in the C.D. was served with notice and filed counter denying the allegations made in the complaint and asserting that what the complainant purchased was only air cooler with iron body for Rs. 2300/- and the same was delivered to her, on 6.5.91, The complainant''s case was posted on 13.11.91 for hearing and further adjourned to 20.11.91. At that stage they were absent and the District Forum relying on Exs. A.1 and A.2 allowed the complaint giving certain time for repaying the amount. Aggrieved by the said order, this appeal is preferred. It is submitted that pending the appeal interim stay was granted on condition of depositing Rs. 1200/-. That during the course of hearing we asked the party to produce the air cooler. The appellant submitted that the air cooler sold by him is something different from that is produced before this Commission. On the other hand, the respondent submitted that it is the same cooler that was purchased from the appellant. This question cannot be decided unless some evidence was let in by the complainant as well as respondent. In view of the other submission that what was supplied and cash paid for was only for air cooler with iron body and as we consider sufficient opportunity was not given by the opposite party in the District Forum, Le. to the appellant herein to put forth his case we consider it appropriate to set aside the order of the District Forum and remit the matter back for disposal afresh after giving opportunity to both the parties to adduce evidence if any.
Since the case was filed in the year 1991, we direct, having regard to the time lag, the District Forum to dispose of the C.D. within a period of one month from the date of receipt of records.
IN view of the disposal of the appeal the amount of Rs. 1200/- deposited pursuant to the interim order to the credit of C.D.A No. 399/91 may be withdrawn by the appellant herein and the same may be immediately deposited to the credit of C.D. No. 613/91 which shall be kept in deposit pending disposal of the C.D. With the aforesaid directions, the C.D.A. is disposed of. No costs. Appeal disposed of.