Reasonableness of compensation awarded in consumer dispute.

ORDER

Prem Narain, Member. - This revision petition has been filed by R. Kesava Kumar, petitioner against the order dated 21.08.2013 of the A.P. State Consumer Disputes Redressal Commission, (in short 'the State Commission') dismissing the appeal filed by the petitioner against the order dated 04.04.2013 of the District Consumer Disputes Redressal Forum-II, Vijayawada, Krishna District, (in short 'the District Forum').

2. Brief facts are that a consumer complaint was filed before the District Forum, by the petitioner for replacement of fridge and compensation for harassment and mental agony by the opposite parties. The District Forum vide its order dated 04.04.2013 allowed the complaint and passed the following order:-

"In the result, the opposite parties 1 to 3 are directed to pay a sum of Rs.20,000/- (cost of refrigerator) to the complainant by taking back the refrigerator from the complainant and also directed to pay a sum of Rs.5,000/- towards compensation for mental agony and costs of this complaint. The opposite parties are directed to comply with the orders within one month from the date of receipt of this order. The other claims of complainant if any shall be dismissed. The complainant is directed to return the refrigerator to the opposite parties as and when they approached him."

3. Not satisfied with the compensation awarded by the District Forum, the complainant filed an appeal before the State Commission, which was dismissed vide its order dated 21.08.2013.

4. Hence, this revision petition by the complainant.

5. The petitioner has sent his written submissions and has prayed that he is unable to attend the court and the case may be decided based on his written submissions.

6. We have carefully perused the records and gone through the written submissions made by the petitioner. His basic prayer is that he has not been adequately compensated by the order of the District Forum and his appeal has also been dismissed by the State Commission. In the complaint, the petitioner has asked the compensation of Rs.56,000/- i.e., Rs.1000/- per day for 56 days. In his written submissions, he has emphasised that the respondents men put the petitioner to great suffering telling different defects at different times and failed to repair a defective item for a long time. He has submitted that the false reports given by the service personnel of the respondent No.2 without actually attending the location, at least, that shows the deceitful attitude of the respondents and justifies awarding of compensation as prayed for. It has been alleged that the petitioner was forced to buy a new refrigerator. The fora have not considered the inconvenience caused to the petitioner. It has been asserted that the question involved is not only of the value of the defective refrigerator but the inconvenience and agony caused to the complainant and to his family members. Inconvenience and agony were not justly considered by the lower fora.

7. We find that the cost of the refrigerator i.e. Rs.20,000/- has already been ordered to be refunded vide order dated 04.04.2013 of the District Forum. Apart from this, a compensation of Rs.5,000/- has also been awarded by the District Forum. The State Commission has found this award as reasonable in the facts and circumstances of the case. We find no justification for awarding compensation at the rate of Rs.1,000/- per day for 56 days as prayed by the complainant. Reasonable compensation has already been awarded by the fora below. Consumer complaint cannot be made a basis for enrichment.

8. Based on the above examination, we find that there is no force in the revision petition and the same is dismissed in limine.