Dr.K.P.Navenna Chandran.M.D,Sneha Seema,Medayil Ju - Complainant(s)
Versus
The Managing Director,Powerlink Tech. Pvt. Ltd. - Opp.Party(s)
S. Rajeevan
26 Feb 2008
ORDER
KOLLAM CONSUMER DISPUTES REDRESSAL FORUM Execution Application(EA) No. EA/02/40
Dr.K.P.Navenna Chandran.M.D,Sneha Seema,Medayil Ju
...........Appellant(s)
Vs.
The Managing Director,Powerlink Tech. Pvt. Ltd. The Manager,Benz Computers,Kochi The Manager,Benz Computers,Kollam
...........Respondent(s)
BEFORE:
1. K.VIJAYAKUMARAN ACHARY 2. R.VIJAYAKUMAR 3. RAVI SUSHA
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
By SRI. K.VIJAYAKUMARAN ACHARY, PRESIDENT This is an application seeking execution of the Decree. As per the direction of this Forum the computer was produced by Decree Holder and Judgement Debtor was directed to deposited Rs.35,000/- and therefore filed a petition to get the computer examined by the expert to ascertain as to whether it is the same computer involved in this case which was produced by the Decree Holder before this Forum or not which was allowed and the computer was not examined by an expert who filed a report The expert has reported that some of the components in the computer have been replaced and the computer cannot be functioned with them. Heard both sides. The contentions of the Judgement Debtor is that he is ready to take back the computer and pay Rs.35,000/- if the same is the infact components as per the bill. According to Decree Holder the original computer became damaged and for working the computer the defective components had to be replaced and the cost of the replaced item is negligible and therefore he may allowed to withdraw the amount. According to the Judgement Debtor he has no objection in the Decree Holder with drawing the sum of Rs.35,000/- provided the computer is returned with its original par. On hearing both sides we are of the view that the demand of the Judgement Debtor is just and reasonable. Accordingly we direct the Decree Holder to return the original parts of the computer to the complainant and receive the amount of Rs.35,000/- in deposit. If Decree Holder fail to produce the original parts a sum of Rs.10,000/- will be deducted towards the value of such parts and the Decree holder will be eligible to withdraw Rs.25,000/- only and Rs.10,000/- will be taken by the Judgement Debtor along with the computer. In the result we directed the Decree holder to produce the original parts on or before 3..2008 failing which the Decree Holder will be entitled to get Rs.25,000/- only. Dated this the 26th day of February, 2008. K. VIJAYAKUMARAN ACHARY : R. VIJAYAKUMAR : ADV. RAVI SUSHA :
