S.C.DATTA, S.MAJUMDAR, D.KARFORMA
ONIDA SAKA LTD. – Appellant
Versus
SUTOPA MAJUMDER – Respondent
Mr. Justice S.C. Datta, President—This appeal is directed against order dated 16.2.1998 directing the opposite parties to make refund of the price of V.C.R. i.e. Rs. 20,200/- along with simple interest @ 15% per annum w.e.f. 29.9.1993. Besides, the sum of Rs. 500/- was awarded in favour of the complainant as cost of the litigation.
2. Briefly stated the case of the complainant is that she purchased one Onida V.C.R. on 27.9.1992 from M/s. Steel Palace of Srampore, Hooghly at a price of Rs. 20,200/-. The said set did not function properly from the very beginning and some defects were noticed therein. Resultantly, the V.C.R. went out of order. The complainant sent the same for servicing to opposite party No. 1 at Calcutta on 24.9.1993 within the guarantee period and obtained a receipt for deposit of the same. Thereafter the husband of the complainant visited the opposite party No. 1 several times to take delivery of the set but opposite party No. 1 did not deliver the same. The complainant wrote a letter to opposite party No. 2 at New Delhi complaining non-delivery of the set after repair. Opposite party No. 2 sent a reply expressing regret for the inconvenience caused to her and
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