KHEM RAJ SHARMA Vs. ASHOK KUMAR SHARMA & CO.

JUDGEMENT

(1.) WE have heard learned Counsel for the parties and have also examined the record of this case.

(2.) ADMITTED facts giving rise to this appeal are that the respondent sold a new National Panasonic Colour TV to the appellant for Rs. 12,400 vide bill dated 9.11.2002. As per the appellant it was found to be defective and had to be taken to the respondent. His mechanic informed the appellant that set was defective and old one and it was due to this reason that it was not functioning properly.

(3.) THIS resulted in causing great loss and mental tension to the appellant. A request was made to the respondent to replace the defective Set, but the latter declined to entertain the request. To the contrary, he is alleged to have threatened the appellant with dire consequences in case he approached the respondent again. This resulted in filing of complaint, praying for directions to the respondent to either replace the set in question or else pay him Rs. 12,400 together with compensation for mental agony to the tune of Rs. 10,000.