AUM COMPUTER TECHNOLOGIES PVT LTD Vs. RAUF ALI

JUDGEMENT

(1.) This is a petition to condone the delay for 194 days in filing the appeal.

(2.) The case of the complainant was that the computer sold to him was disfunctioning and ultimately failed, that he returned the computer and wanted the refund of the sale price and that the opposite party did not oblige. The complaint is for the return of the sale price.

(3.) The opposite party put forth before the Forum several objections. The first one was that what was sold to the complainant was not a computer but only spare parts. This, the District Forum found it difficult to accept because the amount paid was Rs. 80,000/- which is more or less the price of the computer. The District Forum noted also that there was a quotation for the sale of the computer, showing the intention to sell the computer. The second objection raised was that the matter required expert evidence and therefore that it should be referred to a civil Court. The District Forum did not accept this objection, and ruled that the matter is coming within the jurisdiction of the Consumer Disputes Redressal Forum and that the complainant would not be directed to approach the Civil Court for relief. Then coming to the conclusion that the computer sold was defective the Forum directed the return of the amount of Rs. 80,000/- paid by the complainant to the opposite party with interest. That order is dated 21.8.1996.