This case is coming on for hearing before us in the presence of Sri K.Kameswara rao, Advocate for the Complainant, Sri G.Rambabu Advocate for Opposite Party  and having stood over for consideration the Forum made the following:-

O R D E R

AS PER SRI T.SRIRAMA MURTHY, PRESIDENT

This is a complaint filed U/s-12 of C.P.Act seeking the relief to direct the OP to refund Rs.34,000/- (Rupees Thirty Four Thousand Only) with interest at the rate of 24% per annum and award compensation of Rs.10,000/- (Rupees Ten Thousand only) for physical strain and mental agony and to pay Rs.10,000/- (Rupees Ten Thousand Only) for deficiency in service on the following averments:-

On 04.01.2013 the OP has approached the complainant at her residence and assured to give Branded Computer, with all ancillaries and Branded Laser Printer coupled with photo copier and scanner and Computer Table for an amount of Rs.34,000/- (Rupees Thirty Four Thousand only) and the complainant having believed his words has given the said  amount towards the cost of above said items in the presence  of her family members.

  On 05.01.2013 the OP gave one ACCER monitor, LG CPU with Key board, and one computer table to the complainant without issuing any bill for the said items. The OP has assured that he would bring the branded Laser printer  coupled with photo copier and scanner along with bills for the items given.  Though the OP assured to install the computer at the house of complainant he did not come to her house and though the complainant approached the OP several times and requested him to give the items and install the computer as agreed he did not pay any heed to her request.  The complainant gave a notice on 02.08.2013 calling upon the OP to give the items and install the computer as agreed. Since the OP is in dereliction of his duty and as there is deficiency in service the complainant got issued a lawyer’s notice calling upon him to supply the above items as agreed and to pay damages to a tune of 10,000/- (Rupees Ten Thousand only) he did not respond to the said notice.  Hence this complaint.   

Though a notice was sent to the correct address of the OP he did not choose to come to the Forum to contest the matter.  Since he was called absent on the date of appearance in this Forum he was set exparty.  To prove complainants case she filed her  Affidavit evidence and got marked exhibits A1 to A4.

 Now the point for consideration is whether the complainant is entitled to get the reliefs prayed for.

As per complainant she has given Rs.34,000/- (Rupees Thirty Four Thousand Only) to the OP towards the cost of a Branded computer, Laser Printer, photo copier and scanner and a computer table.  Except the oral testimony of complainant she has not filed any document to show that she has paid Rs.34,000/- (Rupees Thirty Four Thousand Only) towards cost of the above said items to the OP.  As seen from the contents of complaint and affidavit evidence on 05.01.2013, the OP gave ACCER Monitor, LG CPU with key board and a computer table. The complainant has not disclosed as to the cost of each item promised to be given by the OP to her. She did not disclose as to the actual cost of the articles given to her so as to enable this Forum to direct the OP to supply the remaining articles which were agreed  to be given or its costs to her. As per complainant she approached the OP many a time and demanded him to supply the articles and as the OP did not heed to her request she filed the complaint.

  Exhibit A1 and A3 are the copies of the notices sent to the OP calling upon him to supply the articles as agreed. In the above said notices also she did not disclose as to the actual price of each item agreed to be given to her. In the above said notices as well as in the complaint she has clearly stated that on 05.01.2013 the OP has given the ACCER Monitor LG CPU, with key board and one computer table to her.  Since the cost of above said articles is not given and as the complainant is in possession of the said articles it cannot be said that she is entitled to get Rs.34,000/- (Rupees Thirty Four Thousand Only) with interest at the rate of 24% per annum.  As per complainant the OP received Exhibit A-1 notice as evident from Exhibit A-2 acknowledgement.  Though the OP received the notice he did not choose to give any reply to the said notice.  The complainant again got issue exhibit A-3 notice to the OP and the OP received the same and exhibit A-4 is the acknowledgement.  For the reasons best known he did not choose to give any reply to the said notice also.  After filing the complaint a notice was sent to the OP calling upon him to attend the Forum on a given date but he did not come to the Forum to contest the matter.  Hence in the above said facts and circumstances we are of considered opinion that the OP having received Rs.34,000/- (Rupees Thirty Four Thousand Only) from the complainant has agreed to supply Computer Laser Printer, Photo copier, scanner and a computer table.  The complainant has admitted to have received ACCER Monitor, LG CPU with key board and a computer table and as such she is not entitled to get the cost of the said items.  Since the complainant did not disclose as to the actual cost of each article agreed to be given the OP cannot to be directed to refund Rs.34,000/- (Thirty Four Thousand Only) to the complainant.  As the OP did not come to the Forum to contest the matter We are of the considered opinion that he did not supply all the items to the complainant as the agreed.

Since there is deficiency in service on the part of OP for not supplying all the articles as agreed to the complainant, he is liable to pay some amount towards the cost of unsupplied goods and also liable to pay compensation for causing discomfort and agony to the complainant.

In the result the complaint is allowed in part and the OP is directed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) towards the cost of the articles which were not supplied to the complainant and also to pay a sum of Rs.5,000/-(Rupees Five Thousand Only) towards the damages and Rs.1,000/- (Rupees One Thousand Only) towards the cost which includes the Advocate fee of Rs.500/- (Rupees Five Hundred Only).  The OP is further directed to comply the order within one month from today.                   

Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 12th day of January, 2015.

MEMBER                                    PRESIDENT

C.C.No.44 / 2014

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For complainant:-                   For opposite parties:-

PW 1                                   RW1  &  RW2

DOCUMENTS MARKED

For Compainant:-

Ex.A-1 Letter addressed by the complainant to the OP

Dt.02.08.2013.

Ex.A-2 Postal Acknowledgement of the letter received from OP Dt.02.08.2013.

Ex.A-3 Office copy of registered lawyer notice got issued by complainant, Dt.11.04.2014.

Ex.A-4 Postal acknowledgement of the Notice.

OP’s –NIL-

                     President