ARORA ELECTRONICS Vs. WYNBERG HOMES SOCIETY, MUSSOORIE

JUDGEMENT

(1.) The respondent/complainant society which is running a school in Mussoorie, placed an order with the petitioner for supply and installation of an EPABX system in the school. The order required the petitioner to supply and install model COX 848A by M/s Copper Connections. The petitioner however, installed another model of EPABX namely COX 8024. The case of the complainant is that there were several defects in the EPABX system installed by the petitioner and the said defects were not removed despite notice to the petitioner. Being aggrieved, the complainant/respondent approached the concerned District Forum by way of a complaint.

(2.) The complaint was resisted by the petitioner primarily on the ground that the EPABX system installed by them was functioning properly, but some minor problems might have occurred due to inexperience of the school staff in handling the system. It was further stated in the reply that the system was inspected by a technician, but no defect was found in it. Yet another plea taken by the petitioner was that the earthing system provided with the EPABX system was not adequate and no remedial action in this regard was taken by the complainant despite being pointed out by the petitioner.

(3.) The District Forum, vide its order dated 08.11.2004, dismissed the complaint. Being aggrieved, the complainant society approached the concerned State Commission by way of an appeal. Vide impugned order dated 01.06.2011, the State Commission allowed the appeal filed by the complainant society and directed the petitioner to refund a sum of Rs. 1,34,250/- to the complainant alongwith simple interest @ 7% per annum from the date of filing of the complaint and the cost of litigation quantified at Rs. 2000/-. Being aggrieved, the petitioner is before us by way of this revision petition.