RESERVED
State Consumer Disputes Redressal Commission
U.P., Lucknow.
Appeal No.2857 of 2002
1- SISS Computers Pvt. Ltd., Anupshahr Road,
Opp. Botany Department, AMU, Aligarh through
its Managing Director.
2- Sri Shaukat A.Kkhan, Managing Director,
SISS Computers Pvt. Ltd., Anupshahr Road,
Opp. Botany Department, AMU, Aligarh...Appellants.
Versus
Dr. (Mrs.) Neelofar Izhar w/o Prof. Raees Akhtar,
R/o 138-B, Greater Azad Enclave (W), Dhourra
Muafi, Aligarh. …Respondent.
Present:-
1- Hon’ble Sri A.K. Bose, Presiding Member.
2- Hon’ble Smt. Bal Kumari, Member.
Sri O.P. Duvel for the appellant.
Date 4.8.2015
JUDGMENT
Sri A.K. Bose, Member- Aggrieved by the judgment and order dated 16.10.2002, passed by the Ld. DCDRF, Aligarh in complaint case No.13 of 2002, the appellants SISS Computers Pvt. Ltd., Aligarh through its Managing Director have preferred the instant appeal under Section 15 of the Consumer Protection Act, 1986 (Act 68 of 1986) on the ground that the impugned order is arbitrary, perverse and is bad in the eye of law. It was delivered without proper appreciation of law and/or application of mind on the basis of surmises and conjunctures only and therefore, it has been prayed that the same be set aside in the interest of justice, otherwise the appellants will suffer irreparable financial loss.
(2)
From perusal of the records, it transpires that the appellants SISS Computers Pvt. Ltd. sold an assembled computer with Multimedia and Matrix UPS Pentium 3 to the respondent/complainant for Rs.41,000.00 vide receipt dated 17.7.2001. It has been alleged that the appellants had given a warranty of one year for smooth and trouble free services. However, the assembled computer developed some problems and its hard disk crashed twice during the warranty period in the month of April and July, 2001 respectively. Accordingly, complaints were made to the appellants for removal of the defects but they failed to remove the same. Aggrieved by this deficiency in service, complaint case no.13 of 2002 was filed before the Ld. DCDRF, Aligarh on ground of deficiency in service. The Forum below, after hearing the parties, delivered majority judgment on 16.10.2002. The President and one Member directed the appellants to refund Rs.41,000.00 with pendente lite and future interest @ 8% p.a. In addition to this, a sum of Rs.5,000.00 was also awarded as compensation and Rs.500.00 towards cost of litigation. The 3rd Member of the Bench however, held that it was an assembled computer and the appellants were not the manufacturer of the hard disk. They do not sale computers but imparting computer training only and, therefore, vide separate judgment dated 16.10.2002, the complaint was rejected. However, a sum of Rs.2,000.00 with pendente lite and future interest @ 8% was awarded a compensation. In addition to this a sum of Rs.500.00 was awarded as cost of litigation. Aggrieved by the majority judgment, the instant appeal has been filed.
(3)
During the course of haring, the Ld. Counsel for the appellants Sri O.P. Duvel submitted that the parties have entered into compromise and, therefore, the appellants are not willing to pursue the appeal any more. We have gone through the evidence on record. There is no denial of the fact that SISS Computers Pvt. Ltd. is a Company duly incorporated under the Companies Act, 1956 and admittedly, it had sold the Assembled Computer to the respondent and payment was made by cheque. The respondent had given legal notice to the appellants before filing the complaint. No reply to this notice was given either. The Forum below took all facts, circumstances and evidence on record before passing the majority judgment. The relationship of Consumer-Service Provider has not been denied and it has also not been denied that the assembled computer failed to provide desired services even within the warranty period. Admittedly, it was not repaired when it was brought to them for the same. Receipt of payment by means of cheque has also not been denied. There is no denial of the fact that the appellant is a Limited Company only incorporated under the Companies Act, 1956 and has been sued through its Managing Director. The Company deals with Computers and Information Technology. From the records, it transpires that apart from the work for which it was incorporated under the Act, 1956, it also dealt with sale of Assembled Computers. It has been contended that the respondent/ complainant has not filed the cash-memo and, therefore, the complaint was not maintainable. This is a lame excuse
(4)
as admittedly, it was an assembled computer and as such, cash memo was not given. This fact has been stated on oath and has not been denied. The appellant has not explained as to for what purposes Rs.41,000.00 was taken by the Company by cheque. The contention that the Company only imparts computer education is unacceptable in view of non-explanation of Rs.41,000.00 which the respondent claims to be the payment towards the assembled computer. All facts, circumstances and evidence were taken into consideration by the Forum below in its majority judgment. There is no irregularity or illegality in the order and, therefore, we are not inclined to interfere in the same.
Since no compromise petition has been filed and it was submitted that the appeal may be decided on merit as noted in the order-sheet dated 26.5.2015, therefore, no finding is hereby given on compromise and the appeal is being decided on merit.
ORDER
The appeal, being meritless, is dismissed and the majority judgment and order dated 16.10.2002, passed by the Ld. DCDRF, Aligarh in complaint case No.13 of 2002 is confirmed. No order as to costs. Certified copy of the judgment be provided to the parties in accordance with rules.
(A.K. Bose) (Bal Kumari)
Presiding Member Member
Jafri PA II
Court No.4
