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 sa