Mrs. J. Nag, President - The fact of the case is that Respondent Sri Krishna Kamal Ganguli, purchased a Food Processor Machine from the Appellant M/s. Indian Sewing Machine Co. Ltd., on 28th May, 1991 at the cost of Rs. 3,284/-. The said machine developed trouble after a period of about six months and was duly repaired by the Appellant. Thereafter again on 24th January, and on 10th March, 1992 further repairs were done by the Appellant Company when the D.G. Jars also had to be replaced on both the occasions. Even then the machine did not work to the satisfaction of the buyer and he being aggrieved by the repeated trouble of the machine approached the Appellant company to replace/refund the cost of the machine along with due compensation.

2. On 12th May, 1992 a suit was filed by the Respondent for refund of the sum of Rs. 3,284/ with 12% interest to be calculated from the date of purchase till the date of actual payment, and compensation to be awarded for Rs. 1,000/-.

3. The Ld. Calcutta District Forum passed an ex-parte decree on 6th July, 1992 for refund of the sum of Rs. 3,284/- with 12% interest from the date of purchase till the date of actual payment, compensation Rs.500/-.