S.A. Shah, President- Being aggrieved by the decision of the District Forum, Nadiad dated 22.2.91 in complaint No. 93 of 1990 the complainant has filed this appeal.

2. The facts inter-alia are as under:

3. The appellant complainant had purchased sandals from the opposite party in January 90 and within a period of 3 months he had to go to the opposite party for getting it repaired itself shows that the material used in the sandal was of very inferior quality. The cost of the sandal was Rs. 100/-. The learned Judge has accepted the case of the complainant and has passed an order for 50% price on the ground that the complainant has used them and, therefore, he is entitled to half the price.

Though the case was proved, the learned Judge has not awarded any cost.

4. The appellant argued that if the learned Judge came to the conclusion that the sandal was of inferior quality the learned Judge ought to have awarded full amount of Rs. 100/- plus the cost.

5. We think that the appellant is right If the learned Judge came to the conclusion that the sandals were of inferior quality and the complainant is entitled to the refund for the same, there is no reason to give 50% value of the sandals. The respondent is not present If the complainant is required to return the sandals it will not be fair to return the same for Rs. 50/- where he had paid Rs. 100/-. If the learned Judge had taken a view that the same was proper as the defect was on account of rough use of the complainant, the matter would have been different. We are, therefore, of the opinion that once it is proved that the goods were not of the standard quality and defective and require to be returned to the seller, the necessary consequences is return of full price to the customer.

ORDER

We allow the appeal and direct that the opposite party shall pay full amount of Rs. 100/- on return of the sandals by the complainant. The opposite party will also pay cost of Rs. 50/- to the appellant complainant.

Appeal allowed with cost.