PUJA MEHTA vs TEKNOTECH INFORMATION SYSTEM

THE present petition, filed by the petitioner under Section 17(b) of the Consumer Protection Act, 1986 (hereinafter referred to as ''the Act''), is directed against order dated 19th October, 2001, passed by District Forum (Central), I.S.B.T., Kashmiri Gate, Delhi, in Complaint Case No. 1570/2001 - entitled Ms. Puja Mehta v. Teknotech Information Centre.

THE facts, relevant for the disposal of the above mentioned petition, lie in a narrow compass. THE petitioner, Ms. Puja Mehta, had filed a complaint under Section 12 of the Act before the District Forum, alleging deficiency in service on the part of the respondents. It was stated in the above said complaint, filed by the petitioner, that the petitioner being an unemployed lady, took a loan of Rs. 90,000/- from the Bank of Indore under the Prime Minister''s Rojgar Yojana, for the purchase of one Computer with colour Monitor and Desk Jet Printer. It was further stated that as per the scheme of the loan sanctioned in her favour, the cheque of the loan amount was issued in the name of the respondent, which was encashed by the respondent on 17th June, 1996. THE grievance of the petitioner in the complaint filed by her before the District Forum, in nutshell, was that though the amount had been paid to the respondent, yet the computer was not delivered and due to the non-delivery of the computer, the petitioner had suffered pecuniary loss besides mental agony. It was prayed in the complaint filed by her that the respondent be directed to deliver the computer to the petitioner or in the alternative the amount paid to the respondent be refunded, together with compensation of Rs. 1,50,000/-. THE petitioner had also claimed a sum of Rs. 15,000/- as litigation expenses. The learned District Forum, vide order dated 1st May, 2001, passed in Complaint Case No. 1421/1999 - entitled Ms. Puja Mehta v. M/s. Teknotech Information System & Anr., has allowed the complaint filed by the petitioner. The operative portion of the order reads as under : "In view of the aforesaid, we hold the O.P. guilty of deficiency in service in delivering the computer purchased by the complainant at old address and that to the landlady of the house, who was never legally authorised to take the delivery by the complainant and from where the complainant had already shifted under intimation. Thus we direct the O.P. to deliver the computer No. 486 DX-2 with colour Monitor and Desk Jet Printer to the complainant and in case it is not feasible at this point of time, then to refund the amount of Rs. 83,200/- received by the O.P. towards payment of purchase price along with interest 15% w.e.f. 14.6.1996 thereon till the payment. We further award a sum of Rs. 1,000/- as litigation expenses. These amounts shall be payable by O.P. within two months failing which O.P. shall invite odium under Section 27 of the Consumer Protection Act, 1986."

The petitioner thereafter filed an application under Section 27 of the Act before the District Forum and the order being impugned in the present proceedings has been passed by the District Forum on the above said application filed by the petitioner. Section 27 of the Act, which is relevant for the purpose of disposal of the present petition reads as under : "27. Penalties.-Where a trader or a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the District Forum, the State Commission or the National Commission, as the case may be, such trader or person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than two thousands rupees but which may extend to ten thousand rupees, or with both : Provided that the District Forum, the State Commission or the National Commission, as the case may be, may, if it is satisfied that the circumstances of any case so require, impose a sentence of imprisonment or fine, or both, for a term lesser than the minimum term and the amount lesser than the minimum amount, specified in this section."

ON a bare perusal of the above provision, it is apparent that action under Section 27 of the Act can be taken only when there is failure or omission to comply with the order passed by a redressal agency, established under the Act, and, therefore, we have to see as to whether in the given fact was there any failure or omission on the part of the respondent in complying with the order dated 1st May, 2001, passed by the District Forum, in Complaint Case No. 1421/1999 - entitled Ms. Puja Mehta v. M/s. Teknotech Information Centre & Anr. In terms of the above order, the learned District Forum has directed the respondent to deliver the Computer No. 486 DX-2, with colour Monitor and Desk Jet Printer to the petitioner and in case the same was not feasible at that point of time, in that event an amount of Rs. 83,200/- together with interest at the rate of 15% per annum, w.e.f. 14.6.1996, was payable by the respondent to the petitioner, besides cost of litigation, amounting to Rs. 1,000/-. ON a perusal of the order dated 19th October, 2001, which has been passed by the learned District Forum, on an application filed by the complainant under Section 27 of the Act, it is apparent that there was no failure or omission on the part of the respondent in complying with the order passed by the District Forum. As a matter of fact it was the petitioner who refused to accept the Computer, colour Monitor and Desk Jet Printer, together with a cheque for Rs. 1,000/- being the cost of litigation and insisted that she be paid the amount of Rs. 83,200/-. The above amount of Rs. 83,200/-, in terms of orders of the District Forum, was payable only in the event, the delivery of the Computer, colour Monitor and Desk Jet Printer was not feasible. Thus in the given facts, no fault can be found with the findings of the learned District Forum. The petition, filed by the petitioner, is devoid of substance. The same merits dismissal. Accordingly, the same is dismissed in limine, with no order as to costs. Before concluding, we would like to make it clear that in case if the petitioner so likes, she can ask the respondent to deliver the Computer, colour Monitor and Desk Jet Printer, together with a cheque of Rs. 1,000/-, being the cost of litigation in terms of the orders of learned District Forum dated 1.5.2001 and on such a request being made by the petitioner in writing to the respondent, the same shall be duly complied with by the respondent within fifteen days from the date of receipt of such a communication from the end of the petitioner. The petition filed by the petitioner stands disposed of in above terms. Petition dismissed.