PUJA MEHTA Vs. TEKNOTECH INFORMATION SYSTEM

JUDGEMENT

(1.) The present petition, filed by the petitioner under Sec.17 (b) of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), is directed against order dated 19th October, 2001, passed by District Forum (Central), I. S. B. T. , Kashmiri Gate, Delhi, in Complaint Case No.1570/2001 - entitled Ms. Puja Mehta V/s. Teknotech Information Centre.

(2.) The facts, relevant for the disposal of the above mentioned petition, lie in a narrow compass. The petitioner, Ms. Puja Mehta, had filed a complaint under Sec.12 of the Act before the District Forum, alleging deficiency in service on the part of the respondents. It was stated in the above said complaint, filed by the petitioner, that the petitioner being an unemployed lady, took a loan of Rs.90,000/- from the Bank of Indore under the Prime Minister's Rojgar Yojana, for the purchase of one Computer with colour Monitor and Desk Jet Printer. It was further stated that as per the scheme of the loan sanctioned in her favour, the cheque of the loan amount was issued in the name of the respondent, which was encashed by the respondent on 17th June, 1996. The grievance of the petitioner in the complaint filed by her before the District Forum, in nutshell, was that though the amount had been paid to the respondent, yet the computer was not delivered and due to the non-delivery of the computer, the petitioner had suffered pecuniary loss besides mental agony. It was prayed in the complaint filed by her that the respondent be directed to deliver the computer to the petitioner or in the alternative the amount paid to the respondent be refunded, together with compensation of Rs.1,50,000/-. The petitioner had also claimed a sum of Rs.15,000/- as litigation expenses.

(3.) The learned District Forum, vide order dated 1st May, 2001, passed in Complaint Case No.1421/1999 - entitled Ms. Puja Mehta V/s. M/s. Teknotech Information System and Anr. , has allowed the complaint filed by the petitioner. The operative portion of the order reads as under : "in view of the aforesaid, we hold the O. P. guilty of deficiency in service in delivering the computer purchased by the complainant at old address and that to the landlady of the house, who was never legally authorised to take the delivery by the complainant and from where the complainant had already shifted under intimation. Thus we direct the O. P. to deliver the computer No.486 DX-2 with colour Monitor and Desk Jet Printer to the complainant and in case it is not feasible at this point of time, then to refund the amount of Rs.83,200/- received by the O. P. towards payment of purchase price along with interest 15% w. e. f.14.6.1996 thereon till the payment. We further award a sum of Rs.1,000/- as litigation expenses. These amounts shall be payable by O. P. within two months failing which O. P. shall invite odium under Sec.27 of the Consumer Protection Act, 1986 . "