Mr. Justice A.P. Chowdhri, President— The appellant sold a Kirloskar Engine and Pumpset to the respondent for Rs. 8,650/-. The Engine and Pumpset were found to be re-conditioned. When the complainant asked for refund of the amount, the appellant offered to refund the money. The complainant, however, felt that he had been taken for a ride and approached the District Forum-I.

2. The plea of the O.P., appellant before us, was that what was sold was a re-conditioned engine and not a new one. It was also highlighted that offer of refund of the money had been made without any delay. After hearing both the parties the D.F. allowed the complaint and directed the O.P. to refund Rs. 3,650/- and pay compensation of Rs. 10,000/- besides Rs. 500/- as costs of litigation on the complainant returning the engine to the O.P. Aggrieved by the order the O.P. has preferred this appeal.

3. We notice two important features in this case namely, (i) in the cash memo the engine was not described as re-conditioned implying that it was passed on a new engine, and (ii) in the cash memo the appellant described its concern as sole selling agent of Kirloskar Engine which is factually untrue. The complainant p