No. 2/19.03.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Heard the Ld. Advocate for the Appellant.  It appears that in respect of the claim made by the Appellant – Complainant before the Forum below order has been passed directing the O.P. to get the computer in working condition by replacing defective parts within one month from the date of the order and in case of failure to do so to pay Rs. 25,000/- to the Complainant on return of the goods to repay the loan.  Further direction has been given for payment of Rs. 4,000/- as compensation and Rs. 1,000/- towards cost.  Admittedly the period of one month has expired and on behalf of the Appellant this Commission has been informed the first of the part of the order to get the computer in working condition has not been complied with.  Therefore, the O.P. No. 1 now to pay Rs. 25,000/- to the Complainant along with Rs. 4,000/- as compensation and Rs. 1,000/- as cost.  The only contention advanced by the Ld. Advocate for the Appellant is compensation has been assessed at a meager figure as Complainant would have earned Rs. 4,000/- to 5,000/- every month with help of this computer.  While considering the said contention even in the memorandum of appeal we do not find such pleading nor any other assessment in respect of such claim of the Appellant.  There being no other point argued we do not find any ground for interference as we are satisfied with assessment of compensation properly made by the Forum below and the Appellant has failed to furnish any fact justifying any interference by us to the findings of the Forum below.  Therefore, the appeal is dismissed before admission.  There is no order as to cost.  The compliance of the order be made forthwith, i.d. the Complainant is entitled to take appropriate action before the Forum below.