DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/40/2024
Date of Institution: 10.04.2024
Date of Decision: 29.08.2024
Shivam Jaidka son of Sh. Navdeep Jaidka resident of Opposite Preet Arts, Sekha Road, Barnala, Punjab.
…Complainant
Versus
1. Avishiti Digital Computer Solutions, 27 Parwati Nagar, Sumel Road, Agra Road Jaipur (Rajasthan) 302031, through its Proprietor/Partner/Authorized Signatory.
2. ARK Infosolutions Pvt. Ltd. 18 Floor, Lotus Nilkamal Business Park, New Link Road, Opposite Fun Republic Cinema, Andheri (W), Mumbai, Maharashtra 400053 through its Proprietor/Partner/Authorized Signatory.
…Opposite Parties
Complaint Under Section 35 of the Consumer Protection Act, 2019.
Present: Sh. Rajesh Mittal Adv counsel for complainant.
Opposite parties No. 1 & 2 exparte.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Smt. Urmila Kumari: Member
3. Sh. Navdeep Kumar Garg: Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against Avishiti Digital Computer Solutions, 27 Parwati Nagar, Sumel Road, Agra Road Jaipur (Rajasthan) 302031, through its Proprietor/Partner/Authorized Signatory & others (in short the opposite parties).
2. The facts leading to the present complaint are that the complainant is a Freelancer, who work as a freelancer and earns his livelihood by working on CorelDraw software. It is alleged that opposite party No. 1 who introduced itself the Dealer of CorelDraw software who sells the original CorelDraw software products and is dealing in the business of selling products /service of CorelDraw and other related products/services and opposite party No. 2 is the National Distributor of Corel Draw products. It is further alleged that the complainant was intended to purchase CorelDraw Graphic Suite 2020, and as such, the complainant visited the website of the opposite party No. I and after getting his contact number, the complainant contacted on telephonically, who allured the complainant and assured about the products sold by opposite party No. 1 are genuine products and also assured that they will provide best services to the complainant. Upon believing to the words and assurance the complainant agreed to purchase CorelDraw Graphics Suite 2020 from the opposite party No. 1 and as such, paid an amount of Rs. 24,999/- to the opposite party No. 1 through the account of his father Navdeep Jaidka from Barnala for the purchase of CorelDraw Graphics Suite 2020 and opposite party No. 1 sold the said software product through invoice # 0000026 dated 02.02.2024 to the complainant mentioning the product details as "CorelDraw Graphics Suite 2020, Lifetime Validity, Retail Key for Win, SKU: Coreldraw 2020. It is further alleged that after the purchase of said Coreldraw software, the said software was got remotely installed by the opposite party No. 1 on the computer /laptop of the complainant through Anydesk media. It is further alleged that as per the requirement of the complainant, after few days the complainant had to re-install the said software in his computer/laptop system and as such, the complainant again approached the opposite party No. 1 for the installation of software in question but after trying a lot, the opposite party No. 1 could not install the same in the computer/laptop of the complainant and narrated the complainant that opposite party No. 1 is unable to install the said software in the computer/laptop of the complainant. The complainant again and again requested the opposite party No. 1 to support him in installing the said software or install the same in his computer/laptop system but the opposite party No. 1 lingered the matter on one pretext or to the other and ultimately failed to install the same and refused to install the same on dated 04.04.2024. It is further alleged that thereafter the complainant contacted the opposite party No. 2 and requested them to provide support/service in installing the said software in question upon which the opposite party No. 2 asked the complainant to provide the serial number of the software in question and as such, the complainant provided/delivered the serial number of the software in question to opposite party No. 2. But the complainant received an mail from opposite party No. 2 that the said serial number provided by the opposite party No. 1 to the complainant is not a Corel generated serial number as it turns out to be an unverified serial number. As such, the opposite party No. 2 refused to provide any support with regard to the installation of software in question sold by opposite party No. 1 to the complainant. Thereafter, the complainant again approached the opposite party No. 1 and disclosed all the communication between the complainant and the opposite party No. 2 and upon which the opposite party No. 1 flatly refused to provide any support/service to the complainant, rather, stop attending his phone calls. As such, the complainant is not able to use the said software product and thereby had become a headache to use said product for the complainant. That due to the above said act of the opposite party No. 1 the complainant is facing a huge loss financial as well as mental agony as the work of the complainant is suffering and he is being deprived of earning his livelihood. As such, all the facts stated above are clearly shows that there is deficiency in service and unfair trade practice on the part of opposite party No. 1. Hence, the present complaint is filed for seeking the following reliefs.-
- The opposite party No. 1 may kindly be directed to replace the Coreldraw Software with the new one having verified serial number of to refund the amount of Rs. 24,999/- alongwith interest @ 12% per annum till realization.
- To pay Rs. 100,000/- as compensation for causing physical and mental harassment.
3. The opposite parties No. 1 & 2 were proceeded against exparte vide order dated 5.6.2024 due to non appearance.
4. The complainant tendered into exparte evidence affidavit of complainant as Ex.C-1, copy of invoice 2.2.2024 as Ex.C-2, copy of activation key as Ex,C-3, copy of problem verifying product as Ex.C-4, copy of screen shot activation key as Ex.C-5, copy of selling products on amazone as Ex.C-6, copy of amount paid as Ex.C-7, copy of website of op No. 1 Ex.C-8 & C-9, copy of showing problem in launching software Ex.C-10, copy of email dated 28.3.2024 of original coral sowftware Ex.C-11 to C-13, copy of selling products on amazone by Op No. 1 Ex.C-14, copy problem in running software as Ex.C-15.
5. We have heard the learned counsel for the complainant and have gone through the record on the file.
6. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1 vide which he reiterated the averments as mentioned in the complaint. The complainant has further placed on record copy of invoice dated 2.2.2024 Ex.C-2 which shows that the complainant has paid an amount of Rs. 24,999/- to the opposite party No. 1 for purchasing the above said software. The complainant further placed on record copy of activation key Ex.C-3 vide which the Activation Key Number is mentioned through which the above said software is to be function or work. Ex.C-4 is the copy of problem verifying product. Ex.C-5 is the copy of screenshot activation key. The complainant further placed on record Ex.C-6 which shows that the complainant has purchased the above said product through Amazone from the opposite party No. 1 and Ex.C-7 is the copy of amount paid by the complainant i.e. Rs. 24,999/-. Ex.C-8 & Ex.C-9 is the copy of website of opposite party No. 1. Ex.C-10 is the copy of showing problem in launching software in question in the computer/laptop of the complainant. The complainant further placed on record copies of emails Ex.C-11 to Ex.C-13 which was received by the complainant from the opposite party No. 2 to provide the serial number of the software in question and it is mentioned in the emails that “you had an unverified serial number and we cannot support for unverified serial numbers but for sure we are sending you link from our official website”. The complainant to prove his case further placed on record copy of problem in running software i.e. Ex.C-15.
7. So, from the perusal of the facts and evidence produced by the complainant it is established that on the assurance of opposite party No. 1 the complainant purchased CorelDraw Graphics Suite 2020 from the opposite party No. 1 and paid an amount of Rs. 24,999/- to the opposite party No. 1 through the account of his father Navdeep Jaidka from Barnala for the purchase of CorelDraw Graphics Suite 2020. Ld. Counsel for the complainant argued that the said software was got remotely installed by the opposite party No. 1 on the computer /laptop of the complainant through Anydesk media and after few days the complainant had to re-install the said software in his computer/laptop system and as such, the complainant approached the opposite party No. 1 number of times but the opposite party No. 1 could not install the same in the computer/laptop of the complainant. It further argued that in this regard the complainant contacted the opposite party No. 2 and requested them to provide support/service in installing the said software in question upon which the opposite party No. 2 asked the complainant to provide the serial number of the software in question and the same was provided/delivered by the complainant, but the complainant received emails from opposite party No. 2 that the said serial number provided by the opposite party No. 1 to the complainant is not a Corel generated serial number as it turns out to be an unverified serial number, as such the opposite party No. 2 refused to provide any support with regard to the installation of software in question sold by opposite party No. 1 to the complainant and this fact is proved from the copies of emails Ex.C-11 to Ex.C-13.
8. On the other hand, the opposite parties have preferred to remain exparte and no one has come forwarded from the side of the opposite parties to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by various documents, in that event, we have no alternative except to believe the evidence produced by the complainant, which is un-rebutted. Hence, the opposite party No. 1 is liable for the deficiency in services and unfair trade practice.
9. Therefore, the present complaint is partly allowed against the opposite party No. 1 and the opposite party No. 1 is directed to replace the above said software with new one having verified serial number, failing which the opposite party No. 1 is directed to refund the amount of Rs. 24,999/- to the complainant alongwith interest @ 7% per annum from the date of filing the present complaint till its actual realization to the complainant. The opposite party No. 1 is further directed to pay Rs. 5,000/- on the account of mental agony and harassment and Rs. 3,000/- on account of litigation expenses to the complainant. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
29th Day of August, 2024
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
(Navdeep Kumar Garg)
Member
