M.THANIKACHALAM J. - (1.) The Respondent as complainant filed a complaint before the District Forum against the opposite party praying for the direction to the opposite party to pay refund the amount alongwith compensation and cost. The District Forum allowed the complaint. Against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.16.10.2008 in CC.No.01/2008. This petition coming before us for hearing finally on 26.04.2011. Upon hearing the arguments of the counsel on both sides, perusing the documents, lower court records, and the order passed by the District Forum, this commission made the following order: The opposite party is the appellant.
(2.) The respondent/complainant, approached the opposite party/appellant, for the purchase of a good computer, for which the opposite party represented, that if a sum of Rs.32000/- is paid, they will supply either Compaque or Acer company computer. Believing the words of the opposite part, the complainant has paid a sum of Rs.20000/-, on the same day, agreeing to pay the balance, later on. The computer even from the date of installation, failed to function properly, automatically stopped, which was informed to the opposite party, who attended repair, despite, repeatedly same defect continued, 6 times within a period of 10 months. Further as agreed the opposite party, not supplied the branded computer, whereas supplied an assembled computer.
(3.) On 19.10.2007, the computer totally failed, which was reported, and on 24.10.2007, the opposite party came and took away the CPU, assuring to repair, but failed to return the same, till today, despite repeated demands, thereby caused deficiency in service, resulting mental agony. Because of the deficiency in service committed, the complainant was compelled to spend extra amount, to go to internet centre, or to take printout, which should be compensated. Thus claiming the value of the computer, as well as transport expenses, printing charges and a sum of Rs.50000/- towards compensation for mental agony, and another sum of Rs.4 lakhs, for the harassement and other things, a consumer complaint was filed.;