CONSUMER DISPUTES REDRESSAL FORUM,PALAKKAD
Dated this the 6th day of May, 2015
PRESENT : SMT. SHINY.P.R, PRESIDENT
: SMT. SUMA. K.P, MEMBER Date of filing : 06/01/2015
CC /6/2015
Premakumar.M.P,
S/o.P.Prabhakaran Kartha,
Pothengil Kovilakam (H), : Complainant
Post.Nellaya,
Palakkad -679 335
(Party in person)
Vs
Manager, “Astromate”
Jyothisha Bhavan, : Opposite party
Vadanappally,Trichur ,
Kerala - 680 614
(By Adv.P.Sreeprakash)
O R D E R
By Smt. Suma. K.P, Member,
Brief case of the complainant: Being influenced by a Newspaper advertisement the complainant ordered for “VEDIC ASTROLOGY SOFTWARE” from the opposite party over telephone about 2 years back. An authorized person from the opposite party institution visited the complainant’s residence and installed the said software on his laptop. The complainant paid Rs.2,300/- towards consideration of the said software. At the time of installation, the opposite party assured that the said software will be upgraded once again free of cost and there is no time limit for the upgradation. It was offered as an additional option.
After sometime the complainant’s laptop turned defective. He had filed a complaint before the Forum and got it replaced 6 months back. On 24/11/2014, the complaint requested the opposite party to provide the CD containing upgradation of the software. The opposite party replied that an additional option of
“Muhurtham” is also included in the new CD, and it will be sent to the complainant if he returned the initial CD back. Since the complainant had some emergency in obtaining the upgraded CD, he personally visited the opposite party institution at Vadanappally, Thrissur. But the opposite party was not present at the premises and the complainant was asked to entrust the initial CD at his shop and also assured that the new upgraded CD will be send to the complainant soon. On 09/12/2014, the complainant received the new CD at his official address. When he examined the new CD, he could not open the new option named “Muhurtham”. He enquired about it to the opposite party, but the opposite party replied that the complainant had to pay an additional amount of Rs.1,800/- so as to open the new option. The complainant alleges that the opposite party has committed deficiency of service by demanding additional amount for issuing the upgraded CD. Complainant submits that he had suffered lot of mental stress and strain by the above acts of the opposite party. Hence he had approached before this Forum seeking an order directing the opposite party to provide the upgraded CD and also to grant Rs.5,000/- as compensation for the mental agony suffered by him.
The notice was issued to the opposite party for appearance. Inspite of accepting the notice opposite party failed to appear before the Forum. Hence opposite party was called absent and set exparte.
The complainant filed chief affidavit along with supporting documents to prove his case. Opposite party filed application as IA/75/15 to set aside the exparte order issued against him. Application was allowed on cost of Rs.200/- to the complainant. Cost was paid and the petition was posted for filing version on 30/03/2015. No version was filed from the part of the opposite party. Ext.A1& A2 was marked from the part of the complainant. The matter was heard.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite
party?
2. If so, what is the reliefs and cost?
ISSUES 1 & 2
The Complainant had filed chief affidavit along with the software CD upgraded with additional option. Complainant contented that the new option “MUHURTHAM” cannot be opened and the opposite party informed that he should pay an additional amount of Rs.1,800/- so as to open the new option. Inspite of accepting notice from the Forum the opposite party did not appear on the 1st hearing date. Hence they were called and set exparte. Later an application was filed by the opposite party for setting aside the exparte order and application was allowed. Several chances was granted to the opposite party for filing version. No version was filed by the opposite party. Hence the Forum was constrained to consider the affidavit as well as the evidence tendered by the complainant. Since there is no other contradictory evidence to disprove the allegations stated in the complaint, the complaint is allowed.
In the result the complaint is allowed and the opposite party is directed to provide the new upgraded CD containing additional option of “MUHURTHAM” to the complainant within one month from the date of receipt of this order without collecting any additional amount. We also direct the opposite party to pay an amount of Rs.3,000/- (Rupees Three thousand only) to the complainant as compensation for the mental agony suffered by him. The order shall be complied within one month from the date of receipt of this order failing which complainant is entitled to get 9% interest for the whole amount from the date of order till realization. In case of default of providing the CD within the prescribed period, complainant can realize the cost of the CD Rs.2,300/- ( Rupees Two thousand three hundred only) from the opposite party with 9% interest from the date of order till realization.
Pronounced in the open court on this the 6th day of May, 2015.
Sd/-
Smt. Shiny.P.R
President
Sd/- Smt. Suma. K.P
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1- CD of ASTRO MATE
Ext.A2- Speed post Cover
Exhibits marked on the side of opposite party
Nil
Witness marked on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost Allowed
No cost allowed
