N.R.SAXENA vs ANIL DHIR

THE present appeal filed by the appellant under Section 15 of the Consumer Protection Act 1986 (hereinafter referred to as ''the Act''), is directed against order dated 7.7.2000, passed by District Forum (North-West) in Complaint Case No. 1591/99 - entitled Shri N.R. Saxena v. Shri Anil Dhir.

THE facts, relevant for the disposal of the present appeal lie in a narrow compass. THE appellant had filed a complaint before the District Forum under Section 12 of the Act averring that the appellant had purchased a locally assembled computer ''386'' from the respondent on 29.8.1998 for Rs. 20,000/-. THE grievance of the appellant before the District Forum in the complaint, filed by him, in nutshell was that the computer started giving problem and stopped working on 18.11.1998. It was alleged in the complaint that when the respondent did not repair the computer, the appellant got the same repaired from another mechanic and had to pay a sum of Rs. 2,500/-. THE appellant thereafter filed a complaint before the District Forum claiming a compensation of Rs. 1,25,000/-. The claim of the appellant before the District Forum was resisted by the respondent and the stand taken by the respondent in the District Forum was that the respondent did not sell any computer to the appellant and had supplied only spare parts and a printer and no guarantee as alleged was given to the appellant.

The learned District Forum vide impugned order, while rejecting the plea taken by the respondent, has allowed the complaint, filed by the appellant and has directed the respondent to pay to the appellant a sum of Rs. 2,500/-, the amount spent by the appellant on the repair of the computer along with Rs. 5,000/- as compensation for mental agony and harassment together with costs of litigation amounting to Rs. 500/-.

THE appellant has preferred the present appeal before this Commission with the grievance that the relief given to the appellant by the District Forum vide impugned order, is inadequate. We have heard the appellant on the above point. As already stated the appellant has claimed a compensation of Rs. 1,25,000/- against an assembled computer purchased by him for Rs. 20,000/- only. As per the case of the appellant, the appellant for the repair of the said computer had to incur a sum of Rs. 2,500/-. THE learned District Forum, vide impugned order, has allowed the abovesaid expenditure to be reimbursed to the appellant. In addition, the learned District Forum has awarded a compensation of Rs. 5,000/- together with litigation expenses, amounting to Rs. 500/-. In our opinion, in the given facts, the order, being impugned in the present proceedings suffers from no infirmity so as to call for any interference by this Commission in exercise of its appellate powers. THE present appeal, filed by the appellant, is, therefore, devoid of substance. THE same merits dismissal. Accordingly, the same is directed to be dismissed in limine with no order as to costs. Appeal dismissed in limine.