VIKRANT GUPT Vs. SPECTRUM BUSINESS SUPPORT LTD

JUDGEMENT

(1.) -THIS appeal has been filed against the judgment dated 21. 8. 2006 passed by the District Consumer Forum-II, Jaipur by which the complaint was dismissed.

(2.) THE complainant filed the complaint with this version that he purchased Grand Jurix from opposite party, which is in manufacturing of Electronic Library. The complainant paid a sum of Rs. 13,520 through two cheques which included subscription charges and updation charges for a period of one year. During this period, the opposite party was to deliver four CDs to the complainant. The opposite party vide its letter dated 23. 11. 2002 communicated to the complainant for updation charges for eight quarters CDs. The complainant deposited the required amount and in lieu thereof he received CDs for a period from December 2002 to September, 2004. The last pack of CDs of September 2004 was received by the complainant on 17. 11. 2004. It has been further averred that these CDs became non-operative from the month of December, 2004. It has further been stated that when the CDs did not operate after December 2004, a representation was sent to the opposite party and for the first time it was disclosed by the opposite party that since the complainant had not given subscription and updation charges, he was not entitled for use of CDs. It is alleged by the complainant that at the time of receiving subscription by the opposite party, he was informed that CDs would be effective and operative even if the complainant does not want to pay updation charges. Complainant prayed for refund of Rs. 25,235 with interest @ 18% per annum besides claiming Rs. 67,000 under different heads.

(3.) THE opposite party filed the reply submitting that the terms and conditions were known to the complainant at the time of giving subscription and as per terms and conditions he was supposed to pay further charges to continue the facilities of use of CDs.