P RAMANKUTTY Vs. STERLING COMPUTERS LIMITED

JUDGEMENT

(1.) Mr. Justice S. A. Kader, President-This is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act.

(2.) The Complainant who is a leading contractor evinced interest in the purchase of a personal computer so that it will be advantageous to his profession which involves precision designs, specifications and details of execution. He placed orders with the Opposite Party for one SIVA PC/at-386 system and paid a sum of Rs.1,86,461/-under two cheques. The computer was agreed to be delivered by 29.6.1992, but the Opposite Party failed to deliver the computer within the time. The enquiries were made by the Complainant and the Opposite Party was giving evasive replies. By letter dated 30.6.1992, the Opposite Party informed the Complainant that it would return the entire amount on or before 25.7.1992. The Complainant issued a legal notice on 1.7.1992 calling-upon the Opposite Party to refund the amount with interest at 24%. After receipt of the notice the Opposite Party delivered on 23.7.1992 a computer which was not accompanied with any software or accessories. Consequently the system could not be commissioned and operated. Hence this Complaint for refund of the entire amount with interest at 24% per annum and compensation in the sum of Rs.50,000/-.

(3.) The Opposite Party admitted the placing of the order for this computer system by the Complainant. It is further admitted that the delay in the supply of system was due to non-availability of certain essential components which go into the manufacture of AT 386 Color kit and the Business Grips Software were not available. It is averred that the delay was explained and the complainant was convinced. The Opposite Party agreed to compensate the Complainant by supplying one K. V. A. Keycard Stabilizer worth about Rs.6,000/- free. The computer hardware and the stabilizer were delivered on 23.7.1992. The Business Grips Software was delivered on 30.10.1992 and the Colour Kit on 9.12.1992 and they were accepted by the Complainant without protest. In the circumstances, the complainant cannot have any grievance and the complaint must fail.