PERTECH COMPUTERS LTD Vs. UNITED DISTRIBUTORS

JUDGEMENT

(1.) This revision petition has been filed by the opposite party against the order dated 10.7.93 of the District Forum-II. Briefly the facts are that the complainant placed an order with the opposite party for supply of a computer on 15.3.88 and paid Rs.1,000/-as advance money vide cheque dated 19.3.88. It was stated by the opposite party in the supply order that the delivery would be notified to the complainant. It is alleged that he wrote a letter dated 11.12.89 to the respondent that they had failed to supply the computer and he was no longer interested in the deal. Consequently they requested the opposite party to refund the advance. The opposite party, in reply to the letter informed them that their action of cancellation of the order was unilaterally and therefore they were entitled to damages equal to 10% of the price of the computer. The complainant filed a complaint against the opposite party.

(2.) The opposite party contested the claim and inter-alia pleaded that they were not liable to pay any amount to the complainant, on the other hand they were entitled to get damages amounting to Rs.4,100/-from them. The learned District Forum directed the opposite party to refund Rs.1,000/ to the complainant with interest @ 18% p. a. from the date of the deposit to the date of payment and to pay Rs.5,000/- as damages on account of mental tension, within 30 days to the complainant. The opposite party has come up in appeal against the said order.

(3.) The first contention of the learned Counsel for the revision-petitioner is that the complainant is not a 'consumer' as defined in the Consumer Protection Act (hereinafter referred to as 'the Act' ). Consequently, the District Forum has no jurisdiction to entertain the complaint.