West Bengal

Uttar Dinajpur

CC/19/66

Boro Kisku - Complainant(s)

Versus

Bengal Software Info Solution - Opp.Party(s)

Chandan Sarkar

31 Aug 2022

ORDER

This case has arisen out of application U/s 12 of the Consumer Protection Act, 1986.

 

The case of the petitioner is that the O.P is a seller of Software of internet facility as well as service provider for software facility by installing software and the petitioner, Secretary of Itahar Thana Primary Teacher ECCS Ltd., contacted with the O.P for purchasing software for creation of up gradation of computerized system and as per instruction and terms and conditions of the O.P he paid Rs.41,000/- and after receiving advance amount O.P issued proposal letter for up gradation of ECCS Solution Software and thereafter O.P completed the software installation and on completion the petitioner paid balance amount Rs.40,000/- to the O.P by cheque being No:-002254 dated 23.04.2018 and O.P issued final money receipt to the petitioner.

 

That some days after installation the petitioner could not complete the essential works and contacted the O.P for proper service as per terms and condition of the contract, then several times requested O.P to rectify the programme and petitioner several times contacted the O.P for providing proper service through Whatsapp, email, mobile phone but the O.P did not turn up. The petitioner sent several reminders but all effort ended in smoke.

 

That seeing no other alternative petitioner compelled to submit written complaint to the AD, CA & FBP, Raiganj, Uttar Dinajpur Regional Office and a letter was served from said office on 05.09.2019  but no result. The petitioner thus lodged this case for the cause of action arose on 23.04.2018 with prayer for refund of contract money of Rs.81,000/- & interest, compensation of Rs.50,000/- and Rs.5,000/- as litigation cost.

 

The O.P contested the case by filing written version denied Para-11 of the complaint petition admitting that the petitioner contacted with the O.P for purchasing the said software for creation of up gradation of computerized system and the O.P completed the software installation to the petitioner’s computer and after completion the petitionerpaid the balance amount of Rs.40,000/- by said cheque and O.P issued final money receipt. O.P denied that he received reminder (s) from the petitioner but not replied. He also denied Para-14 of the complaint petition and sated that the O.P didnot pay due money Rs.41,000/ to the O.P and O.P duration of lifetime active period is one year from the date of installation i.e 10.03.2018 and it expires on 09.03.2019 and after one year the contract did not renewed by the petitioner but lodged this complaint on illegal demand. He prays for dismissal of the case.

 

 

 

Points for consideration:-

 

1. Whether there was/ is any deficiency in service or unfair trade practice on the part of the O.P which gives rise cause of action to file the case?

 

2. Whether the petitioner is entitled to get relief (s) as prayed for?

 

 

D e c i s i o n  w i t h  r e a s o n s

 

 

Though not avered by the parties but document produced on behalf of the O.P concern shows that the O.P concern provides software service facility to the petitioner for daily interest calculation, premium calculation, passbook print, loan account maintenance facility and closure of loan account facility etc from the year 2016-17 on words.

 

Admittedly, petitioner Boro Kisku  as the Secretary of Itahar Thana Primary Teacher Employees Co-operative Credit Society Ltd., contacted the O.P to purchase up-gradation software in their computer system.

 

Exhibit-2 shows that the O.P issued proposal letter for up-gradation of ECCS solution software dated 08^th  March, 2018. Exhibit-3 shows that the society (petitioner) issued work order to develop ECCS Management Software by letter dated 09^th March, 2018.

 

In Exhibit-3/Work Order 10 Nos terms and condition were set as agreed by the petitioner:-

 

1. The cost of the software is- Rs.25,000/-
2. For T/A others                 - Rs.56,000/-
3. The total cost of software is, Rs.81,000/-
4. The total cost of the software A.M.C Rs.8,000/-
5. At the time of work order issue I will pay 50% amount to you
6.      At the time of installation I will pay the balance 50% amount to you
7. We will get free service for one year from your end
8. After one year service will be chargeable
9.     We will pay TA, fooding & lodging allowances for first three months starting from installation date
10.      The other terms & conditions will remain same as the Bengal Software info solution contract form and by me

                                           

 

The case and evidence of the petitioner is that as per instruction and terms & condition of the O.P the petitioner paid Rs.41,000/- and after receiving the advance amount the O.P issued a proposal letter for up-gradation of ECCS solution software.

 

 The O.P replied that the petitioner did not pay Rs.41,000/- to the O.P.

 

It is admitted that the petitioner paid an amount of Rs.40,000/- to the O.P by cheque being No:-002254 dated 23/04/2018  and the O.P issued money receipt in favor of the petitioner (Exhibit-4).

 

Exhibit-1 shows that O.P issued invoice/bill No:-008 dated 10^th March, 2018 favoring the society valued Rs.81,000/- of ECCS software installation (for one year maintains).

 

 Exhibit-5 shows that the installation was completed on 10^th March, 2018.

 

The statement of account from 01.04.2018 to 30.07.2018 and 01.08.2018 to 30.11.2018 of Raiganj Central Co-operative Bank Limited shows that from the petitioner’s account, Rs.40,000/- was debited through clearing against cheque No:-002254 in favour of the O.P and subsequently Rs.41,000/- was also debited from petitioner’s account against cheque No:-002400 through clearing on 15/09/2018.

 

Be that as it may, said contract was valid for one year i.e from 10.03.2018 to 09.03.2019. No document is produced by or on behalf of the petitioner to show that after 09.03.2019 it/he has paid A.M.C Rs.8,000/-  to get the service continued uninterruptedly.

 

 The documents produced by O.P concern shows that there was no disturbance in the software till 31.03.2019. Exhibit-6 shows that the complainant faced problem from 29.07.2019  to 05.09.2019, which the petitioner reported the O.P concern through Whatsapp.

 

The case of the petitioner was/is that in spite of reminders the O.P concern did not turn up. The O.P denied the allegation stating that due to non-payment of A.M.C,O.P is not liable to respond.

 

We subscribed the view of O.P concern correct that the O.P was/is not liable to continue the service after expiry of the contract i.e after 09.03.2019. We also find no deficiency in the service or unfair trade practice on the part of the O.P concern in terms thereof.

 

It appears that the petitioner submits written complaint to the AD, CA& FBP, Uttar Dinajpur at Raiganj on 29/08/2019 and a letter dated 05/09/2019 was issued from his end.

 

The O.P replied by saying that it gives reply on 08/09/2019.

 

Fact remains the said office informed the petitioner to move with his complaint to this Forum/Commission for legal procedure, if he desires so.

 

The petitioner stated the date of issuance of cheque being No:002254 dated 23.04.2018 of Rs.40,000/- as accrual of cause of action of this case. He added that it is continuing day by day.

 

We are of the considered view that in no means cause of action has arisen on 23.04.2018, it may be after 09.03.2019, 29.07.2019, 05.09.2019 on words. We, therefore, opined that there was no cause of action to file this case and the petitioner is not entitled to get the relief(s) as prayed for.

 

In the result the case fails.

 

Hence, it is

 

 

O R D E R E D

 

 

that the C.C-66/2019 be and the same is dismissed on contest against the O.P but without any cost.

 

Let a copy of this order be given to the parties free of cost.