National Consumer Disputes Redressal
Sterling Computers Ltd. vs Soundaraja Mills Ltd. on 19 September, 2001
Equivalent citations: I(2003)CPJ242(NC)
ORDER
D.P. Wadhwa, J. (President)
1. Opposite party in the District Forum is the petitioner before us. Petitioner sells computers. It put in an advertisement in the "The Hindu" to the following effect:
DELIVERY WITHIN 9 DAYS OR YOUR SYSTEM DELIVERED ABSOLUTELY FREE Applicable only on orders received before 25.3.93 with full payment.
2. Respondent-complainant placed order on 23.3.1993 for the computer with the petitioner for purchase of the computer. Petitioner effected the delivery on 3.4.1993. Relying on the advertisement aforesaid respondent complained that he should be given free computer because it was not delivered to, him within nine days of his placing the order. Petitioner did not give any credence to this claim of the respondent, who, therefore, filed a complaint before the District Forum.
3. On notice being issued, petitioner's stand was that delivery was to be free of charge and not that computer was to be given free. District Forum, however, took the view that the advertisement showed that the computer was to be given free. Petitioner was, therefore, directed to refund the amount of Rs. 38,685/-being price of the computer, damages amounting to Rs. 5,000/- besides costs of Rs. 500/-. Petitioner went in appeal before the State Commission and unfortunately, State Commission dismissed the appeal and affirmed the order of the District Forum.
4. It is not that computer is not being utilised by the respondent. Computer is not like a pizza which could be given free of cost, if it is not delivered to the customer within a particular time. We do not think advertisement which we have quoted gave any indication to the consumer that if he does not get delivery of the computer, he will get the same free of cost. It is submitted that it is only the delivery charges which wereto be refunded. We agree with the petitioner. This petition is allowed. The orders of the District Forum and State Commission are set aside and the complaint is dismissed.
Since there is no appearance on behalf of the respondent, there shall be no order as costs.