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Judgment
BOTH the parties have filed an appeal against the judgment and order of Surat District Forum dated 18.4.1990 in Case No. 166 of 1989.
THE original complainant Smt. Sarlaben Sunderlal Shah has filed a complaint against Ray Electronics, Ahmedabad and Prakash Trading Company at Surat for selling deficient Ambica Washing Machine. THE complainant alleged that Prakash Trading Company, Surat was the authorized dealer of Ray Electronics, Ahmedabad, the manufacturer of Ambica Washing Machine which was sold to Smt. Sarlaben Sunderlal Shah, the value of which was Rs. 2250/-. THE allegations made by the complainant was that in the lea flet given at the time of demonstration and at the time of representation, that the machine is made from aluminium having 16 gauge and therefore, would not rust and will give service for long years. THE complainant, therefore, depending upon this averment, had purchased the said machine. While using the machine the body rusted and it was found by the complainant that the body was not of 16 gauge aluminum sheet. She gave notice but had not received any reply. The complainant, had therefore demanded the return of price and Rs. 1000/- by way compensation. The complainant was mainly based upon the allegation that the machine was defective and that the opposite party was carrying business by misleading advertisements, which amounts also to an unfair trade practice.
The District Fourm accepted the claim of the complainant and directed the opposite party to replace the machine by giving new piece of similar description machine which should be free from any defect, within ten days from the date of the order alongwith compensation of Rs. 100/- within ten days from the date of the order.
THE opponent was also directed to apologies to the customer who had purchased the Ambica Machine on the mis-guided pamphlet, by publishing advertisement in well circulated daily newspaper. Both, the Complainant and the opposite party were dissatisfied with the judgment, had filed cross appeals. The appeals were posted for hearing and today both the parties in both the appeals, gave a compromise pursis and has requested this Commission to dispose of the appeals on consent terms stated in pursis.
SINCE both the appeals arise out of the same judgment, we are disposing of both the appeals by common judgment. We are of the opinion that the compromise is fairand is advantageous to the consumer. We therefore, allow Appeal No. 8 of 1990 and direct that M/s. Ray Electronics, Ahmedabad, opposite party herein, will return Rs. 2250/-, the value charged for Ambica Washing Ivfachine and will also pay Rs. 100/- by way of compensation and R s. 150/- as cost. We, therefore, pass a decree of Rs. 2500/-in favour of the appellant Sarlaben Sunderlal Shah in Appeal No. 8 of 1990. We further direct that the aforesaid amount of Rs. 2500/- will be paid by Messrs. Ray Electronics, Ahmedabad, on or before 30th August, 1990.
THAT the appellant Sarlaben Sunderlal Shah while returning the old machine of M/s. Ray Electronic or its representative when demanded. Both the parties will bear their own costs of this appeal.
APPEAL No.6ofl990standsdismissed with no order as to costs. Pronounced in the open Court on this 23rd day of August, 1990. Appeal No. 8 decreed, Appeal No. 6 dismissed.