DATA MANAGEMENT SERVICES vs THROUGH COMMANDING OFFICER

ON a complaint instituted by 16 Punjab (Patiala) C/o 56 APO through its Commanding Officer against M/s. Data Management Services, Chandigarh for not returning the defective computer printer TVSEMSP 45 DMP No. 8117-8147 sent for repairs, the District Forum-II, Chandigarh ordered on 27.8.1998 that respondent was liable to pay a total sum of Rs. 12,500/- to the complainant. Aggrieved against it, the present appeal has been attempted by M/s. Data Management Services, Chandigarh.

THE brief facts of the case are that the respondent/complainant purchased one computer printer TVSEMSP 45 DMP No. 8117- 147 from M/s. Data Management Services, the appellant in the year l991 for Rs. 15,250/-inclusive 4% sales tax. In the year 1995 it was entrusted to the appellant for carrying out repairs in respect of a few defects and the appellant quoted its repair charges to the tune of Rs. 5,000/-. Despite several visits of the representative of the complainant, neither the defects were removed nor the printer as it was handed over to the complainant. In the month of October, 1996 the appellant admitted that the printer was not traceable and they offered Rs. 3,000/- as compensation to the complainant but this sum was not acceptable to the complainant. It is an admitted fact that the printer was handed over to the appellant for carrying out the repairs for a sum of Rs. 5,000/-. There is also no dispute regarding its purchase price of Rs. 15,250/-. Once an item is entrusted to the Company for repairs, it is incumbent on the part of the Company to return it to the customer after removing the defects, but in this case loss of the printer at the premises of the appellant and the fact that they failed to return it, constitutes deficiency. The finding of deficiency arrived at by the District Forum-II is affirmed. Since the printer has been used by the complainant for the period 1991 to August, 1995, the award given by the District Forum to the tune of Rs. 12,500/- is considered on the higher side. Considering all the facts and circumstances, we hold that the appellant is liable to pay 50% price of the printer which comes to Rs. 7,625/- within two months. However, if the sum is not disbursed to the complainant within two months, the appellant shall be liable to pay interest @ 18% per annum w.e.f. 14.8.1997 till realisation. With these modifications, the appeal stands disposed of. Announced. Appeal disposed of.