ARIHANT COMPUTERS P LTD Vs. S SETHURAMAN

JUDGEMENT

(1.) The opposite party in O. P. No.307/2001 on the file of the District Consumer Disputes Redressal Forum, Chennai (South), is the appellant herein. The case of the complainant was as follows : He purchased a cartridge from the opposite party on 22.4.2001 by giving the used piece to the opposite party. When the complainant tried it in the printer it did not fit in. It was immediately sent back to the opposite party for replacement. The opposite party refused to oblige on the ground that there was no warranty. The complainant tried to explain to the opposite party that the issue was not one of warranty but one of defect in the supply of goods, that is, a different product had been given by mistake. The opposite party, however, refused to give replacement or refund. The complainant wrote a letter on 7.6.2001. There was no reply. He caused a notice to be issued on 9.6.2001. There was a reply to the notice stating that the complainant should have verified the goods before taking delivery and having taken delivery there was no question of replacement. In such circumstances, the complaint came to be filed.

(2.) As already noted, the opposite party remained ex parte and did not contest the matter.

(3.) The District Forum granted the prayer with costs. It is as against that the present appeal has been filed.