Date of filing: 12.04.2018                                                 Date of disposal: 09.10.2018

Complainant:              Mr. Sukumar Dass, S/o. Late Satya Kinkor Das, 67, Mithapukur Road, P.S. & Dist. Purba Burdwan, Pin-713 104.

- V E R S U S -

Opposite Party:           The Proprietor/Partners of Breakthrough Consultants, having its office at 3, Suchana Apartment, 840-B/1, Motilal Gupta Road, East Park, Behala, Kolkata-700 008.

Present:

                                    Hon’ble President: Smt. Jayanti Maitra (Ray).

 Hon’ble Member: Smt. Nivedita Ghosh.

 Hon’ble Member: Dr. Tapan Kumar Tripathy.

Appeared for the Complainant:       Ld. Advocate, Santi Ranjan Hazra & Sohom Chatterji.

Appeared for the Opposite Party:  None (ex parte).

J U D G E M E N T

                This is a case under Section 12 of the C.P. Act 1986 alleging illegal trade practice and deficiency in service and directing an award of Rs. 17,000=00, Rs. 25,000=00 for illegal trade practice, Rs. 15,000=00 for litigation cost and Rs. 20,000=00 for mental agony.

The case of the complainant in short is that the complainant, for his jewellery shop, purchased software from the O.P. on 28.04.2017 for an amount of Rs. 17,000=00. It was purchased for the purpose of calculating the G.S.T., as well as, the entire selling price of any gold/silver jewellery. The cost of the software was paid by cheque dated 28.04.2017. After implementing the software, the complainant experienced different types of problems, which caused him great difficulty at the era of GST system starting. Several times the complainant requested the O.P. to solve the problems but all were in vain.  The complainant also noticed that in the invoice issued by the O.P for purchasing the software, the date was mentioned as 26.04.2016 instead of 28.04.2017 and that was also without authorized signature. After that, the complainant sent a legal notice on 21.12.2016 through his Advocate and thereby asked for a satisfactory explanation for such disputes within 10 days from the receipt of the said notice but it was returned on 06.01.2018 as “Not Claimed”.

The O.P. here neither appeared nor filed any W.V. in favour of his points and hence is declared as ex parte.

                                                -: Decision with Reasons :-

            Undisputedly, after going through all the documents, it has been proved that the complainant has been a customer of the O.P. and the O.P. has failed to prove his words about his selling product. Even he did not nod after several requests of the complainant. Moreover, they mentioned the purchasing date on the invoice as 26.04.2016 instead of 28.04.2016.  So, the deficiency is definitely on the O.P.’s part with all the documents, the complainant succeeds to contest the case.

Hence, it is

                                                 O r d e r e d

that the Consumer Complaint being No. 59/2018 be and the same is allowed ex parte against the OP directing the OP to refund Rs. 17,000=00 to the complainant as paid by the complainant  with interest @7% per annum from 28.04.2017 (the actual date of purchase) till its realization and the OP is also directed to pay Rs. 2,000=00 as compensation for mental pain, agony & harassment and Rs. 1,000=-00 as litigation cost to the complainant within 45 days from the date of passing of this award, in default, the complainant is at liberty to put the award in execution as per provisions of law.

Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

Dictated & Corrected by me:                                                (Jayanti Maitra (Ray)

                                                                                                              President

    (Tapan Kumar Tripathy)                                                          DCDRF, Burdwan

                Member

         DCDRF, Burdwan

                             (Tapan Kumar Tripathy)                          (Nivedita Ghosh)

                                             Member                                            Member

                                    DCDRF, Burdwan                               DCDRF, Burdwan