This application was filed by the Judgment debtor for passing an order in an alternate way for fulfilling the spirit of the judgment. This Forum allowed the original complaint and directed to the opposite parties to repair and make the computer in defect free and hand over the same to the complainant within 2 months from the date of this order and to pay a cost of Rs.500/-. The complainant handed over the computer to the opposite party/ judgment debtor for satisfying the judgment of this Forum.  Now the opposite party/judgment debtor approached this Forum stating that the repairing of the computer is not possible and the disputed computer is in dilapidated condition. Opposite party/ Judgment Debtor stated that they were tried to all possible means to repair the computer and make it into good condition. But all their attempts were failed. So they filed this petition for permitting them to give a new computer which is more good quality than the disputed one.

2. Complainant/Decree holder filed objection and stating that they wanted a new branded computer having same facilities in the disputed one.

3. Heard the matter in detail. Opposite party/ Judgment Debtor paid the cost as per the judgment. The complainant/decree holder stated that apple computer is now available in the market. But at the same time judgment debtor/opposite party denied the same. In fact none of the parties produced any documents submitting their contentions. The present petition is filed by the judgment debtor. He has more burdens to establish their contention. This matter went up to the Honourable National Consumer Disputes Redressal Commission. All the Appellate Forums ratified the order of this Forum. The original complaint instituted in 1998. 12 years were over. Considering the facts and circumstances of this case and for the interest of justice this Forum directing the opposite party/judgment debtor to give a new computer having at least minimum facilities of the disputed computer of a reputed branded manufacture of computer.  Sony, Dell, H.P (Hewllet Pakard) are the leading branded computers available in India. At the time of purchasing the disputed computer complainant spend Rs. 1,41,000/- on 16.8.1997.  Now the super branded computers are available for a value in between Rs.60, 000 to Rs.80, 000/-.  Hence we direct to the opposite party/ judgment debtor to give a new computer of Sony, Dell or H.P to the complainant/decree holder. The opposite party/ judgment debtor is also directed to give bill, warranty card and other records of the new computer to the complainant/decree holder within 45 days from the date of receipt of this order. Hence the petition filed by opposite party/judgment debtor allowed. No order on cost.

Pronounced in open Forum, on this the 26^th day of August 2010.

Sd/- Sri. Jimmy Korah

Sd/- Sri. K. Anirudhan

                                                                                                Sd/- Smt. N. Shajitha Beevi

// True Copy //

                                                                       By Order

 

  

                                                                                  Senior Superintendent

To

            Complainant/Opposite Party/S.F.

 

 

Typed by:- vo/-       

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