Delhi

New Delhi

CC/800/2011

ITL Public School - Complainant(s)

Versus

M/S. MGRM Net Ltd. - Opp.Party(s)

17 Jan 2020

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTRICT NEW DELHI,  M-BLOCK, 1^ST FLOOR,

VIKAS BHAWAN, I.P. ESTATE. NEW DELHI-1100001.

 

CC.No.800/2011

 

ITL Public School,

Sec.9, Dwarka,

New Delhi-110077.

….Complainant

Vs.

 

M/s MGRM Net Ltd.,

C-6/5, Safdarjung Development Area,

New Delhi-110016.

.....Opposite Party

 

ARUN KUMAR ARYA, PRESIDENT

 

O R D E R

 

The complainant has filed the present complaint against the OP under section 12 of Consumer Protection Act, 1986. The present complaint  is being filed by Dr. Anjali Sethi who is the Principal of complainant’s school.  The OP approached complainant school and explained benefits of education e-governance through M Star School expert system which is driven through MGRM Net  Proprietary pack top known as OMV Card. After various discussions and deliberations, complainant school vide letter dt. 30.11.2009, confirmed its willingness to deploy the same in school on some terms and conditions along with a cheuqe for a sum of Rs.20,000/- in favour of OP as advance payment and rest of the amount was to be paid in January 2010.  The OP  never manifested its intention to complete and implement twelve modules with the given time frame.  Moreover, the complainant school also paid payment of Rs.6,03,225/- to the OP towards the promised services as per contract. The complainant school sent various letters thereby categorically informing OP that if OP is unable to complete all the twelve modules within stipulated period then its contract would be terminated but OP failed to complete and implement all the twelve modules due to which complainant school terminated the contract of OP.  A legal notice dt. 20.12.2010 was sent to the OP to refund amount of Rs.6,03,225/- to the complainant school immediately but all in vain.  Complainant, therefore, approached this Forum for redressal of its grievance.

2.     Complaint has been contested by OP. In its written statement O.P has stated that the time period for completion of the implementation of M.Star School Expert system was 3-4 months subject to the complainant providing all the required information at the earliest. Despite various requests complainant failed to provide necessary co-operation for Data Entry and verification.  It is further stated that OP had already undergone installation of server, M. Star, HRM Attendance,  the delay if any cause because the  complainant was not at all prompt in delivering the data required as also lacking in providing the necessary infrastructure and as such the entire delay is attributable to  the complainant.

3.     Both the parties have filed their evidence by way of affidavit.  

4.     We have heard argument advance at the Bar on behalf of complainant and have perused the record.

 

5.     Perusal of the complaint shows that the case involves the complicated question of facts  on various issues such as  i) whether the required date was provided by the complainant to the OP well in time ii) whether the OP had deliberately delayed or failed to discharge its obligation etc.

6.       Admittedly, the Consumer Forum deals with the complaint in a summary proceeding, where cases involve a great deal of evidence, the same cannot be adjudicated upon by the Forum & for which the party concerned has to approach the civil court where elaborate procedure including recording of evidence is followed.

7.     In case titled Punjab Lloyd Ltd. Vs Corporate Risks India Pvt. Ltd. (2009) 2 SCC 301, it was held that the complicated question of law should be decided by the regular court. It further held that the decisive test in not the complicated nature of question of fact and law arising for decision. In another case titled LIC & Ors. Vs Surinder Kaur & Ors. Civil Appeal No.5334 or 2006 (Arising or of SLP (c) No.17866 of 2005) decided by Hon’ble Supreme Court of India on 01.12.2006, it has been held that complex question of facts cannot be decided by the consumer forum under the Consumer Protection Act and such arises can be subject matter of regular Civil Court.

 

8.     In view of the above discussion, we are of the considered opinion that the present complaint involves complicated questions of facts as well as law. This issue  required elaborate oral and documentary evidence and the examination of the witnesses for the proper disposal of the matter.  The proper forum for adjudication of the present complaint is Civil Court.  Consumer Protection Act being the special Act where only summary proceedings are taken up and as such the adjudication of the present complaint is beyond the scope and jurisdiction of this Hon’ble Forum.  We are, therefore, inclined to hold that the present complainant cannot be adjudicated by way of Summary Proceeding; hence the present complaint is dismissed with liberty to the complainant to approach the Civil Court as per law.

 

A copy of this order each be sent to both parties free of cost by post.  Orders be also sent to www.confonet.nic.in. File be consigned to record room.

Pronounced in open Forum on 17/01/2020.

 

 

(ARUN KUMAR ARYA)

PRESIDENT

     (NIPUR CHANDNA)                                                                                       (H M VYAS)

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