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Feeling aggrieved by the order of the District forum the opposite party preferred this appeal contending that it is not the parts which were found to be defective but the system and the software loaded in it are not sufficient enough to take care of multimedia requirements of the complainants children who are musicians and artists. There has been no problem with the hardware but it was with the software as the complainant continued to use pirated software of Nero and McAfee.

The point for consideration is whether the impugned order suffers from factual or legal infirmity?

The respondent got upgraded his computer system by the appellant on 3.1.2006. The appellant gave warranty on the upgraded version of the system ranging from one year to five years on the different parts of the system. The respondent has contended that the upgraded version of the system begun to give trouble from the date of installation. The appellant had submitted that 10 months after the system was upgraded, the respondent complained of its malfunctioning on the ground that the Nero and MacAfee installed in the system started giving the problems such as failure of video burning on 70% of its completion, the replay was sluggish once the video burning is successful and at times the system doesnt start at all. It is a well known fact that the nero is the software used for burning CDs and the MacAfee is an antivirus software. According to the appellant if these packages are corrupted with virus the system would pose problems as complained of by the respondent. It is the version of the appellant that the respondent used pirated software and it is the suspicion of the appellant that the respondent had used a cheap quality CDs available in the market.

Insofar as the contention of the appellant that the quality of the CDs used by the respondents is inferior in nature is concerned, we do not see any merit in the contention as there is no evidence on record. In regard to the contention of the appellant that the respondent used pirated software, the respondent has not denied this fact and a perusal of the contents of notice got issued by the respondent that it becomes clear that there is no denial of the fact that and there is an admission supporting the version of the appellant that the respondents children had been using the computer for the purpose of recording the music. According to the appellant if the system is used for multimedia purpose such as recording the music, automatically it gets slow down in performance.