THAPSON EFFICIENCY SYSTEM Vs. ISH KUMAR & ANR

JUDGEMENT

(1.) ISH Kumar respondent -complainant alleging deficiency against the appellant -opposite parties, invoked the jurisdiction of the District Forum, Panipat claiming delivery of the computer with additional warranty period and interest @ 24% per annum for the delayed period as mentioned in the firm's letter dated 10.2.1997 and Rs. 50,000 on account of harassment and mental agony suffered by the complainant at the hands of the opposite parties. Grievance of the complainant was that in response to the advertisement published in the newspaper, the complainant had booked a PCL Computer Intel Pentium/100 MHZ/16 MB on 8.11.1996 with M/s. Pertech Computer Limited -opposite party No. 1 through M/s. Thapson Efficiency System, Karnal -opposite party No. 2. A cheque bearing No. 3910268 dated 8.11.1996 for Rs. 32499 was deposited with the firm. As per terms of the advertisement, delivery of the computer was to be made within four to six weeks from the date of the booking. The period of six weeks expired on 19.12.1996 but the computer was not supplied to the complainant. He approached the opposite party No. 1 by sending a communication in this regard explaining the urgent need of supply of computer for the studies of his children, who were studying in B.E. and M.B.A. but no response was received from the opposite party No. 1. Thereafter, letter dated 10.2.1997 was received from the opposite party No. 1 where the complainant was informed that the delivery of the computer would be made before 31.3.1997 but the delivery was not made. Thereafter the complainant approached the opposite parties through telephone calls and personal visits to opposite party No. 2 but no action was taken by the opposite party No. 2. It is with this background the complainant was driven to seek help of the District Forum.

(2.) ON notice to the opposite parties, appearance was put up by the opposite party No. 1 and had moved an application for dismissal of the complaint which was rejected on 30.4.1999 by the District Forum. The complaint was contested by the opposite party No. 2. In the written statement filed by it, it was pleaded that as there was no deficiency of service on its part, the complaint was not maintainable. It was further averred that after receiving the order of supply of computer by the opposite party No. 2, necessary intimation was sent to the Deputy General Manager of opposite party No. 1 and it was the liability of the opposite party No. 1 to supply necessary computer to the complainant. The District Forum on appraisal of pleadings of the parties found no substance in the stand taken from the side of the opposite parties and while accepting the complaint, directed the opposite parties to pay Rs. 32,499 along with interest @ 12% per annum upto date to the complainant. It was further directed that interest shall be payable from 19.12.1996 till the date of delivery of the computer to be supplied to the complainant. In addition, Rs. 1500 were awarded on account of negligence services rendered by the opposite parties and Rs. 1100 as litigation expenses. It is against this order, the present appeal has been filed by the opposite party No. 2.

(3.) THE Counsel representing the parties have been heard at length.