Lmr International vs K K Gupta

ON the allegation that the computer purchased from the appellant was so defective that it could not function for a day, the appellant has been vide impugned order dated 23.11.2002, passed by the District Forum directed to either replace the computer with new computer having same specification and if it is not possible to replace, to refund the amount of Rs. 32,000 paid by the respondent and also to pay Rs. 2,000 as compensation and Rs. 500 as cost of litigation.

THROUGH this appeal the impugned order has been assailed mainly on the ground that only estimate of the computer was given to the respondent and there was no sale of the computer by the appellant to the respondent. The District Forum did not take into consideration the stand of the appellant that the respondent failed to produce any kind of evidence either documentary or oral to show that he had paid Rs. 32,000 to the appellant towards cost of the computer and, therefore, the impugned order has been passed on the presumption that since the computer was installed vide service report No. 70, it showed that the computer was sold to the respondent. According to the Counsel for the appellant the computer was installed at the premises in good faith as the respondent purchased CVT and Printer from them. As is apparent the contention of the Counsel for the appellant that the computer was never purchased from them and it was purchased from somebody else and in the guise of having purchases the CVT and printer from the appellant that the respondent is blackmailing the appellant for refund of the amount of Rs. 32,000 which he never paid to the appellant.

IN view of the peculiar facts of the case particularly the failure of the respondent in producing the documentary or oral evidence with regard to the purchase of computer from the appellant, we allow the appeal and set aside the impugned order, as it appears that the respondent was not satisfied with the service of repair of the computer by the appellant.

APPEAL is disposed of in above terms. Back Guarantee/FDR, if any, furnished by the appellant be returned forthwith. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal allowed. -