A.R.C. INFORTECH PVT. LTD. vs RAJAT ROY

THIS appeal is directed against order dated 5.5.1998 passed by Calcutta District Forum, Unit-I in Case No. 1858/97.

IT appears that the case was determined ex parte with the direction to the present appellant to pay a sum of Rs. 30,600/- as well as compensation of Rs. 5,000/- to the complainant within a specified period. The case of the complainant was that he purchased one Computer for a consideration of Rs. 30,600/- from the opposite party and obtained delivery on 22.4.1997. On repeated pursuasion one representative of the opposite party called on the complainant on 7.5.1997 to instal the Computer. The work of installation was done. But the machine remained idle because other accessories were not fitted. On repeated requests, the defective condition of the Computer was not rectified. Subsequently, some representatives of the opposite party inspected the machine but the defect persisted with the result that the Computer lay useless. The opposite party as complainant approached the Forum for getting back the consideration money together with compensation.

The opposite party chose not to appear despite service of notice upon him. So, the matter was determined ex parte.

AS against this order, the appellant approached this Commission challenging the judgment and order of the Forum. The learned Lawyer appearing for the appellant submits that an opportunity should be given to the appellant to contest the case before the Forum which is vehemently opposed by the learned Lawyer for the respondent. The learned Lawyer for the respondent contends that nowhere in the Memo of Appeal, appellant has made out any case for setting aside the ex parte order. He submits that there is no explanation on the part of the appellant as to why he had chosen not to appear despite service of notice upon it. Therefore, he urges that the ex parte order should not be set aside. Learned Lawyer appearing for the appellant submits that without verification and examination of the Computer by any competent technical person it cannot be said that the Computer suffered from any defect. It appears that the appellant got opportunity to resist the claim of the complainant before the Forum but he did not avail of the opportunity but allowed the case to be determined ex parte. Under the circumstances, we think that the Forum had rightly decided the matter and directed the opposite party who is the appellant here to make refund of the price of the Computer. The Forum passed an order for payment of compensation to the tune of Rs. 5,000/-. In our opinion, it is on the higher side. Nevertheless, it cannot be lost sight of that the Computer was thoroughly useless and the complainant had to approach the Forum for relief. Therefore, we think that it would be just and proper if a sum of Rs. 2,500/- is awarded as compensation to the complainant. In our view, the appeal cannot succeed and as such it is dismissed. The order of the Forum is confirmed subject to the modification that instead of payment of Rs. 5,000/- as compensation, the present appellant do pay a sum of Rs. 2,500/- to the complainant within a period of one month from this date. The appellant do also return the consideration money amounting to Rs. 30,000/- to the complainant within the same period.

WITH this observation, the appeal is disposed of. Appeal disposed of with modifications.