RAKESH KUMAR Vs. MANISH CHHABRA

JUDGEMENT

(1.) This order will dispose of Appeal Nos. A-18/93 and A-19/93 which arise out of the same judgment dated 23.12.92 of District Forum-I.

(2.) Briefly the facts are that the complainant purchased a computer package from M/s. Vikman Business Graffiks Pvt. Ltd. (VBGL) for a consideration of Rs.50,000 /-. He also purchased a table top, with supports and transformer (SVT) for Rs.2,500/-. He issued a Cheque dated 25.11.89 of Rs.12,500/- in favour of M/s. Crompton Greaves Ltd. (OG) by way of advance, the manufacturer of the computer. Later he gave another cheque dated 3.1.89ofrs.40,000/- in favour of VBGL. It is pleaded by him that VBGL and CG, gave warranty of the computer for a period of one year. The system, however, did not work and it has been lying idle since the date of purchase as the respondent failed to supply the software's. Consequently, a complaint has been filed that the system should be made functional by the Opposite Parties and that respondent No.1 be directed to supply the software's. He has also claimed damages against them.

(3.) The notice was issued to Mr. Manish Chhabra respondent only by the Forum, but he was proceeded against ex-parte as he did not appear inspite of service and the Forum vide order dated 20th October, 1989 directed the respondent to pay Rs.57,500/- (Rs.52,500/- paid by the complainant for purchase of computer plus Rs.5,000/- as damages) alongwith interest @ 18% p. a. till the date of payment.