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Delay in supply of Colour monitor and other accessories for a computer.
Facts
An Engineering
Graduate, doing business in partnership with his wife and running
a small-scale industry for programming geometrical profiles, purchased
a computer against 100% payment by cheque for Rs.
1,32,000/-. At the time of installation the colour
monitor and certain other accessories were not provided with a promise
to supply them soon. Complainant waits for some time and after two
months asks the supplier to either supply the colour monitor or to
refund the amount.
Defence
in regard to Non-Supply of Colour Monitor
- There was no
negligence as colour monitor was not forthcoming from the supplier,
Sterling Computers Ltd.
- Having accepted
the installation of the computer the Complainant was stopped from
raising any claim later on.
- Time was not
the essence of contract.
Order
of State Commission
Hon'ble
State Commission directed to:
Refund the price
of computer i.e. Rs. 1,32,000/- along with interest @ 15% till date
of payment and cost of Rs. 1,500/-. Appeal filed before National Commission.
Observations
of National Commission
- No merit in
argument that time is not the essence of the contract. Having accepted
the money in full and then not to supply the goods itself is a deficiency.
It should have been given /installed at the first instance along
with the computer. "Shortly Supply Computer Monitor"-this
shortly cannot be extended endlessly.
- The doctrine
of estoppels docs not help at all as installation was accepted in
good faith on a written assurance that colour monitor shall be provided
shortly. Complainant waits for two months and only after that asks
to either supply colour monitor or to refund the amount. Installation
of computer on qualified basis does not stop the complainant from
raising his claim.
- There is only
one point on which there is merit and that relates to the silence
in the State Commission's order on the return of the computer. It
cannot be the case of the complainant while he asks for refund he
should also be permitted to keep the computer.
Order
of National Commission
Order of State
Commission is modified to the extent that complainant shall return
the computer within 7 days of receipt of amount directed to be paid
which must be done within a period of four weeks.
Cost fixed at
Rs. 3,00/- to the complainant.
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