Sri.K.N.Radhakrishnan, Member.

The case of the complainant is as follows:

On 10.4.2006 the opposite party alongwith one Mr.MathewJ.Kallukulam has entered in to an agreement with the complainant for executing and installing the work of accounting. Pay roll and pest control service manage system software to the complaintant’s office at M.L.Road, Kottayam. As per the terms of the agreement the opposite party will make arrangement to install the software system within 20 days from the date of agreement and all conditions can be rectified/cleared within 90 days. The total amount agreed by the opposite party for installation of the package was Rs.25,000/-. Thus on 15.4.2006 the complaint issued a cheque for an amount of Rs.5,000/- to the opposite party as advance. At the time of accepting the advance amount the opposite party have assurred

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that the product will be supplied within 20 days and the balance work will be carried out as per the provisions of the agreement. But repeated requests made by the complaint the opposite party have not cared to satisfy the terms of the agreement. Believing the representation made by the opposite party subsequent to the contract the complainant purchased 3 computers and a printer worth Rs.90,000/-. Even though the complainant expented huge amount the opposite party have not completed the work as agreed in the agreement. By repeated request made by the complainant the opposite party has not rectified the corrections in the software system. On 25.5.07 a registered lawyers notice was issued to the opposite parties stating the entire facts. After the notice the opposite party visited the complaintant’s office and carried out some work and the opposite party received an amount of Rs.10,000/- as per of cheque dated 19.3.08. But the same defects existed even new and the system is not working properly. The accounting system is not working properly. Since the accounts are not properly working the complainant had to appoint an accountant with a salary of Rs.6,000/- per month. Due to the deficiency of service and an unfair trade practice by the opposite party the complainant has sustained huge loss in the tune of Rs.1,50.000/- and the complainant is entitled to get the amount as compensation. Hence this complaint.

The notice was served with the opposite party. They appeared through counsel but they did not filed any version.

The complainant filed proof affidavit and documents which are marked as exhibits A1 to A8. The sworn proof Affidavit and documents filed by the complainant stands un-challenged by the opposite party. Hence we are of the opinion that the case of the

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complainant is to allowed.

In the result the complaint is allowed as follows. We direct the opposite party to rectify the defects if any in the system installed by the opposite party at the complainant’s office. If it is not possible the opposite party will pay Rs.1,50,000/- to the complainant. Provided that the complaint will return the computer equipments to the opposite party on getting the amount. We direct the opposite party to pay Rs.2000/- to the complainant as costs of these proceedings. The order will be complied with within a period of one month from the date of receipt of the copy of this order.