IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MADIKERI

ORDER DELIVERED BY HON’BLE PRESIDENT SRI PRAKASH.K

1. This complaint under section 12 of Consumer Protection Act seeking direction against complainant to install a fully pledged software by removing or upgrading the half work done if fails to install the complete software then they ordered to refund the amount of Rs.65,550/- already withdrawn by them along with an interest of 8% per annum further damage cost of the petitioner by installation of defunct software etc. Rs.1,00,000/- and complainant also prays the cost of the complaint.

2. The facts of the case in brief are thus complainant is a co-operative society situated at the address shown in a cause title and due to its up gradation of Banking activities they made a paper publication in Shakthi Daily calling for tender for installation of Core Computer Software and Hardware facilities and the 1^st opposite party who was working with 2^nd opposite party approached the complainant and gave their quotation for such installation .as the quotation submitted by the 1^st and 2^nd opposite party was up to the mark, the said order for installation of  Hardware and Software was entrusted to them as per their quotation and bill dated 15/11/2016.

3. It is further case of the complainant that after submission of such bill and quotation by the 1^st and 2^nd opposite parties said bill amount of Rs.65,550/- was paid to the 1^st opposite party and he along with the 2^nd opposite party installed a part of the said software and said payment made by way of Demand draft by the complainant under DD No.25103888 of M/s Vijaya Bank, Kakotuparambu Branch, dated 10/12/2016 was encashed by the 3^rd opposite party.  In this case that after the installation he contacted the above parties for full and final installation of the said Core Society Software but none of the above parties are responding now and they are playing a blame game against each other.

4. It is further case of the complainant that due to not installation of fully fledged software by the opposite parties he is unable to work with the said Core Society Software and they are facing lots of Auditing issues and they put to great loss and hardship.  It is this case that they are ready to pay the balance amount to be paid to the opposite parties immediately after full installation of the said software.

5. It is further case of the complainant that he has contacted the opposite parties many times to fulfill the full installation of the said software but none of the opposite parties have adhered to the same and if the opposite parties does not install the full software they may be ordered to refund the amount paid by the complainant and remove and take back their software already installed.  Accordingly he issued a legal notice to the opposite parties dated 05/06/2018 and the said notice was served to opposite party no.3 and opposite party no.1 was not served and opposite party no.2 has stated that there is no such employee working and the same is returned.  Opposite party no.3 has not replied to the same nor rectified the said problem till date.

6. After service of notice to the opposite parties, opposite party Nos.1 and 2 did not appeared hence they placed exparte.  Later opposite party no.3 deleted by complainant counsel.  In this case complainant also filed examination chief by way of affidavit and is examined as CW-1 and complainant also furnished five documents which are respectively marked as exhibit C1 to C5.  We heard the arguments on complainant’s side and perused the documents.

7. The points for our consideration are;

1. Whether the complainant proves that there is deficiency in service on the part of opposite parties?
2. Whether complainant is entitled to get relief as prayed for?
3. What order?

8. Our findings on the above points are as under;
   1. Point No.1&2 :- In the Affirmative
   2. Point No.2:- As per the final order for the        

following ;

R E A S O N S

9. Point No.1 and 2:- In this case though notice served to opposite party no.1 and 2 they did not appeared and resisted the case of the complainant.  Evidence of CW1 also goes to show that opposite party no.1 and 2 already received sum of Rs.65,550/- from complainant side through DD No.25103888 of M/s Vijaya Bank, Kakotuparambu Branch, dated 10/12/2016.  In this case complainant produced quotation and it is marked at Exhibit C1 cash/ credit bill produced by the complainant marked as exhibit C2 and copy  of the legal notice issued by complainant to opposite parties no.1 and 2 marked as exhibitC-3.  Even though opposite party no.2 withdraw the amount of Rs.65,550/-from complainant, thereafter opposite parties failed to correct the installation of the said software or full installation of the Cores IT Software.  Thus there is a deficiency of service on the part of the complainant.  Accordingly point no.1 answered in the affirmative.  We already  stated that complainant succeeded to prove the deficiency of service on the part of the opposite parties thereby complainant get relief as prayed for.  Accordingly point no.2 also answered in the affirmative in the result we proceed to pass the following;

O R D E R

1. The complaint filed by the complainant u/sec 12 of the Consumer Protection Act 2019 is allowed. The opposite parties shall install a fully fledged software by removing or upgrading the half done work and if failed to install the complete software then they shall refund the amount of Rs.65,550/- to the complainant with interest at the rate of 6% per annum from the date of filing of this complaint.  Opposite parties shall also liable to pay cost  and compensation of Rs.5,000/- to the complainant.
2. The opposite parties are directed to comply the aforesaid order within 30 days from the date of receipt of this order.
3. Copy of this order as per statutory requirements be forwarded to the parties free of cost and file shall be consigned to record room.

(Dictated to the Stenographer, transcribed, corrected and pronounced in the open commission on this 24^thDAY OF SEPTEMBER 2021)

    (B. NIRMALAKUMAR)      (RENUKAMBA.C)               (PRAKASH.K)                                      

           MEMBER                    MEMBER                         PRESIDENT

ANNEXURE

Witnesses examined on behalf of the Complainants :

CW-1  : K.K. Poonacha (complainant)

Documents marked on behalf of the complainants:

Ex.C-1   : Quotation Dt:15/11/2016
Ex.C-2   : Bill Dt:20/12/2016

Ex.C-3   : copy of the Legal notice dt:05/06/2018

Ex.C-4   : Postal AD card

Ex. C-5  : Unserved Postal cover

Witnesses examined on behalf of the opposite parties:

• Nil-

Documents marked on behalf of the opposite parties:  

• Nil -

    (B. NIRMALAKUMAR)      (RENUKAMBA.C)               (PRAKASH.K)                                      

           MEMBER                    MEMBER                         PRESIDENT