DISTRICT CONSUMER DISPUTES REDRESSAL FORUM;BHADRAK

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C.D.Case No.46 of 2015

Bhadrak Institute of Engineering & Technology,

Represented by the Principal, Barpada

At/PO: Barpada, PS: Bhadrak(R),

Dist:Bhadrak

                                    ………………………….Complainant

              (Vrs.)

The Proprietor,

M/s.Biometric Smart Xs,

Khaprapada, Bhoisahi,

Azimabad, Near Maszid,

Balalsore-756001                                  ……………………………Opp.Party

Order No.10 dt.27.08.2015:

            This case of the Complainant is that the O.P. and their authorized sales representative advertised in the newspaper, electronic media and internet and casted in their web side i.e. www.bioxsindia.com about biometric attendance system with battery backup, face recognition, time attendance and access control terminal and allied time track attendance by opening different support office all over Odisha.  It was also advertised by O.P. that after in depth analysis of the requirement of different institutes, the Company has come up with a design of an education ERP meant for Colleges and organization and it provides a common platform for student management and also it helps in tracking the attendance of the students. Thus, the Complainant being infatuated with the advertisement and motivated by the sales representative and servicing staff about onsite servicing, as and when required, the Complainant placed order with O.P. on 06.03.2014 for supply of the goods. Accordingly, the O.P. supplied (A) I-Face 801(Face recognition, time attendance & Access control terminal) (Face+ ID card with battery backup) S/N: 7802443170033/7802443170093/7802443170085/780443170022= 4 nos. @ Rs.20,000/- for Rs.80,000/- (B) Bio-Time 4 (Biometric Attendance System with battery backup) S/N: BT0000009120 = 1 no. @ Rs.9,500/- & (C) Time Track Attendance Software = 1 no. @ Rs.3,000/-, all totaling to Rs.97,125/- including 5% VAT and installation charges of Rs.2500/- for 5 nos. were paid to the O.P. through bank cheque bearing No.549450 dt.11.03.2014 of United Bank of India, Barpada Branch, Barpada. It has been alleged by the Complainant that after one month from the date of installation of the machine and within warranty period of 1 year, the performance of the machine became erratic and recorded wrong timings. Accordingly, the Complainant intimated such things to O.P. and after receiving the complainant, the O.P. sent his servicing staff to the institute for removal/rectification of defects. The servicing staff of O.P. adjusted the machine coming to the institute and went away. On the next day morning the machine showed wrong recording of time. On getting intimation the O.P. again deputed Servicing Staff who informed the Complainant that the aforesaid machine bears some manufacturing defect and assured to the Complainant to install a new system within 7 days as the system was within warranty period.  But thereafter neither the O.P. provided new system nor rectified the inherent manufacturing defect found in the system. Complainant in different occasions visited the office of O.P. Thereafter, the Complainant was compelled to serve legal notice for providing a new Biometric Attendance System with battery backup, face recognition, time attendance and access control terminal, time tract attendance software by replacing the aforesaid old system or to refund the cost of the system along with installation and implementation charges. After getting the legal notice, the O.P. neither chose to reply nor replaced the defective system. So finding no other alternative the Complainant filed this case on 15.04.2015 with prayer that the O.P. be directed to replace the Biometric Attendance System with battery face recognition, time attendance and access control terminal, time tract attendance software with new goods of similar description or to refund the cost of systems, installation and implementation charges i.e. 99,625/- with 9% interest from 02.03.2015 till its realization along with compensation for Rs.2,00,000/- towards mental agony, unnecessary harassment  besides litigation cost of Rs.10,000/- to him.

            O.P. after receipt of notice though appeared through his Advocate and took time to file written version, but subsequently failed to file any written version. As such, O.P. has been set exparte as per order dt.17.07.2015.

            During course of hearing we perused the complaint petition and documents filed by Complainant. Ld.Counsel for Complainant submitted that the Complainant being infatuated with the advertisement and motivated by the sales representative and servicing staff ,placed order with O.P. on 06.03.2014 for supply (a) I-Face 801(Face recognition, time attendance & Access control terminal) (Face+ ID card with battery backup= 4 nos. @ Rs.20,000/- for Rs.80,000/- (b) Bio-Time 4 (Biometric Attendance System with battery backup)= 1 no. @ Rs.9,500/- & (c) Time Track Attendance Software = 1 no. @ Rs.3,000/-, all totaling to Rs.97,125/- including 5% VAT of Rs.4,6y25/-. Further, the Complainant has also paid installation charges of Rs.2500/- for 5 nos. to the O.P.. As such, Complainant paid total Rs.99,625/-  to O.P. through bank cheque bearing No.549450 dt.11.03.2014 of United Bank of India, Barpada Branch, Barpada. After one month of its installation, the performance of the machine became erratic and recorded wrong timings for which the Complainant intimated this fact to the O.P.. Accordingly,  O.P deputed  his servicing staff to the educational institution of Complainant who adjusted the machine and went away. On the next day morning the machine showed the same defect. Again the O.P. deputed his servicing staff who could not rectify the defect found in the machine and assured to replace the same by a new one within the warranty period of one year. Thereafter, neither the defect was removed nor a new machine was supplied to Complainant by the O.P.  Complainant through his Advocate also served legal notice for providing a new Biometric Attendance System with battery backup, face recognition, time attendance and access control terminal, time track attendance etc..  After receipt of legal notice, the O.P. neither replied nor provided the system in question. As such, the Complainant filed this case.

            In support of his case the Complainant has filed copy of invoice No.BSX/13-14/0154 dt.11.03.2014 issued by O.P for Rs.97,125/- including VAT  towards supply of  Biometric Attendance System with accessories. The Complainant has also filed copy of installation bill No.BSX/1/13-14/51 dt.11.03.2014 amounting to Rs.2500/-. We also perused the e-mail of Complainant dt.29.10.2014 wherein the Complainant has expressed his discontentment over the service rendered by O.P in solving the technical problem found in Biometric Attendance System. We also perused the Advocate Notice dt.12.02.2015 and the copy of A/D. which was received by O.P. on 26.02.2015. Here in this case, the O.P. after receipt of notice even though appeared but failed to file written version. So it is presumed that the O.P has nothing to say in this case and we have no hesitation to accept the uncontroverted statement of the Complainant in the complaint petition that the after one month of its installation, the performance of the machine became erratic and recorded wrong timings. In spite of best efforts of the servicing staff of O.P., the defect found could not be removed within the warranty period of one year. The Ld.Counsel for Complainant has filed  decision of the Hon’ble State CDR Commission, Odisha reported in 98(2004) CLT 9(OSC) in the case of Lt.Viju Samuel Vs. M/s. Associate Roadways Carriers Ltd. and another wherein no written version was filed by the  Opp.Parties though notices were held sufficient. The Hon’ble State Commission accepted the uncontroverted statement of the Complainant.

            In the light of the aforesaid decision of the Hon’ble State Commission, Odisha we are inclined to hold that the O.P. has committed deficiency in service in putting the Complainant into financial hardship by supplying a defective Biometric Attendance System. Accordingly, it is ordered:

                                                O R D E R

            In the result, the complaint is allowed exparte against the O.P. The O.P. is directed to replace the defective Biometric Attendance System with battery backup, face recognition, time attendance & access control terminal and time track attendance software by a new one with similar description to Complainant or its cost amounting to Rs.99,625/- including installation charge within a period of 30 days of receipt of this order, failing which interest @ 9% shall be payable by O.P. till its realization. Parties to bear their own costs.