MESCA/COMPUTE ABILITIES vs ZEPHYR INFORMATION SYSTEMS

IN this complaint under Section 17 read with Section 12 of the Consumer Protection Act, 1986, the complainant has sought refund of a sum of Rs. 1,02,000/- with interest thereon from the opposite party and also compensation in a sum of Rs. 200/- per day from 15.8.92 till 16.1.93.

THE complainant is a school for integrated Computer Education for the Deaf. THE complainant purchased a Computer and other associated equipments to establish Computer Institution in the month of January, 1992 from the opposite party. THE opposite party supplied the same to the complainant on 11.2.92. THE total cost of the system was paid in a sum of Rs. 2,86,500/-. THE warranty period given by the opposite party was a period of one year. THE complainant school known as Integrated Computer Education for the Deaf was to open on 15.8.92 but inspite of its best efforts the opposite party''s equipment could not be commissioned on account of certain technical snag. THE Opposite party removed the equipment on 6.7.92 for repairs. The complainant further averred that the school however was opened on 15.8.92 without the above equipment. But the opposite party brought back the equipment on 10.11.92, long after the Centre was opened. As still the problems persisted the opposite party took away the said Computer System for its repairs on 4.12.92 and till this date it had remained with the Opposite party.

The complainant further averred that due to the non-availability of the above equipment the institution which was catering to the needs of 86 students apart from those who are Deaf and Dumb is sustaining a loss of not less than Rs. 200/- per day from 15.8.92.

THE complainant on the basis of these averments sought refund of a sum of Rs. 1,02,000/- the value of the Computer System, interest @ 18% p.a. from the opposite party and also payment of compensation of a sum of Rs. 200/- per day from 15.8.92 till 16.1.93. The opposite party filed its objections and admitted the fact of sale of computer in favour of the complainant. But averred that the said computer was installed and when certain snags developed it was repaired. It denied having taken back the said computer for repair from the complainant on 14.12.92 as averred by the complainant. The opposite party further averred that it has given services to the complainant on number of occasions and the complainant, when it was taken to the complainant''s premises after its repair, declined to take back the said machine and was not ready even to discuss the matter.

THE opposite party on the basis of these averments sought the complaint to be dismissed. During enquiry the parties filed their affidavits. The documents filed by the complainant came to be marked as Exs. C 1 to C. 14. We heard the learned Counsel for the parties, perused the pleadings and the material on record.

THE opposite party has admitted the fact of sale of a Computer in favour of the complainant, an institution for Integrated Computer Education for the deaf. THE opposite party has also admitted that when the Computer developed certain problems within the warranty period, the opposite party took away the said Computer to its office of its repairs. But the said Computer since then had remained with the opposite party. It is the case of the opposite party that the complainant had declined to take back the said Computer. On the other hand, the complainant has stated that the opposite party did neither repair the same nor returned the Computer in working condition.

THE complainant is a charitable institution. It has produced its Memorandum and Articles of Association as per Ex. A and the constitution and bye-laws of the institution as per Ext. B. That shows that the complainant institution is a charitable institution. The complainant in his affidavit has stated that the objects of the said complainant''s Society are : "(a) Impart job oriented Computer education among the deaf in an atmosphere of love and concern."

The complainant has stated that due to non-availability of the equipment the complainant were to engage the services of professionals by spending considerable amount. On that basis the complainant has stated that the complainant''s society has sustained a considerable loss and there is an impediment for it in imparting education to the deaf.

THE opposite party has not produced any material to rebut this evidence of the complainant except his self-serving statement in the affidavit. So these facts and circumstances clearly establish that the services rendered by the Opposite party were deficient in nature by making sale of a defective Computer to the complainant''s institution. Having regard to these facts and in the circumstances of the case, we are of the opinion that the complainant has fairly substantiated his claim.

IN the result, therefore, this complaint is allowed. The opposite party is directed to refund to the complainant a sum of Rs. 1,02,000/- with interest @ 18% p.a. from the date of its payment i.e. from 1.1.92 till the date of its payment to the complainant. The opposite party shall pay a sum of Rs. 1,500/- to the complainant towards costs of this proceeding. The opposite party shall pay the sums so awarded to the complainant within a period of sixty days from this date. Complaint allowed.