STERLING COMPUTERS LTD Vs. SOUNDARAJA MILLS LTD

JUDGEMENT

(1.) Opposite party in the District Forum is the petitioner before us. Petitioner sells computers. It put in an advertisement in the "The Hindu" to the following effect : DELIVERY WITHIN 9 DAYS OR YOUR SYSTEM DELIVERED ABSOLUTELY FREE Applicable only on orders received before 25.3.93 with full payment.

(2.) Respondent-complainant placed order on 23.3.1993 for the computer with the petitioner for purchase of the computer. Petitioner effected the delivery on 3.4.1993. Relying on the advertisement aforesaid, respondent complained that he should be given free computer because it was not delivered to him within nine days of his placing the order. Petitioner did not give any credence to this claim of the respondent, who, therefore, filed a complaint before the District Forum.

(3.) On notice being issued, petitioner's stand was that delivery was to be free of charge and not that computer was to be given free. District Forum, however, took the view that the advertisement showed that the computer was to be given free. Petitioner was, therefore, directed to refund the amount of Rs. 38,685/- being price of the computer, damages amounting to Rs. 5,000/- besides costs of Rs. 500/-. Petitioner went in appeal before the State Commission and unfortunately, State Commission dismissed the appeal and affirmed the order of the District Forum.