Thiru Justice E.J. Bellie, President—The opposite party who has suffered a decree in the O.P., is the appellant. The case of the complainant is that on 29.4.92, he purchased a refrigerator from the opposite party-Company for a sum of Rs. 9,400/- and the opposite party promised to effect door delivery of the refrigerator but they did not do so inspite of demands. The complainant issued a legal notice, Ex. A 2 dated 3.8.93 which also proved futile. On these grounds the complainant has claimed for refund of the sale price of Rs. 9,400/- with interest at 24% per annum and also a sum of Rs. 5,000/- as compensation.

2. The opposite party contended that even on the date of sale, the complainant had taken delivery of the refrigerator and it is false to allege that the opposite party has promised to effect door delivery. It is further contended that they have duly replied to the legal notice issued by the complainant.

3. The lower Forum, on a consideration of the pleadings and evidence in the case, came to the conclusion that the complainant’s case that the refrigerator has not been delivered to him is true and on that finding it has passed an award.

4. After carefully considering the cir