Mr. Justice R.C. Kathuria, President—The appellant-opposite party has filed the present appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) against the order dated 27.12.2000 passed by District Forum, Gurgaon, whereby the appellant was directed either to replace the said defective computer or return its price within two months from the date of receipt of the copy of the order, failing which interest @ 12% per annum shall be liable to be paid on the refundable amount to the complainant-respondent in the complaint filed by him.

2. The facts as set-up in the complaint are that the complainant, who is retired Air Commodore (Indian Air Force), residing in Sainik Vihar, New Delhi had purchased a Pentium Computer assembly on 25.6.1998 vide invoice No. 123 for Rs. 31,900/- and invoice No. 124 for Rs. 5,350/- amounting to Rs. 37,250/- from the appellant. The said computer started mal-functioning within a very short period from the date of its purchase. The opposite party had also agreed to instal Net to phone and Netscape Softwares on the purchase of the said computer but the same was installed on 3.8.1998. The said software could not work s