(Per Mr.Dhanraj Khamatkar, Hon’ble Member)
(1) This appeal takes an exception to the order dated 04/12/2003 passed by the District Consumer Forum, Mumbai Suburban District in Consumer Complaint No.511/97.
(2) The facts leading to the appeal can be summarized as under:-
The complainant had placed an order with the opponent for purchase of ‘Informix on Line Engine’ for a price of `3,25,000/- on 26/05/1995 and paid an advance of `1,15,000/-. The opponents had taken long time to install the software. The opponents supplied the software; however the software was crashed within a couple of weeks after its installation, as it were of sub-standard quality. The opponents neither replaced the software nor gave refund of the advance in spite of repeated requests, letters and notices and hence the complainant filed consumer complaint praying for refund of the advance amount of `1,15,000/- along with interest of 24% p.a. from 26/05/1995, `1 lac damages and `25,000/- towards mental agony, torture and harassment. The opponents had resisted the complaint and contended that as goodwill gesture, they were ready to refund the sum of `39,400/-, after adjusting the expenditure incurred by the opponents amounting to `75,600/-. They further requested to dismiss the complaint.
(3) The District Forum after hearing both the parties and perusing the evidence adduced by the parties allowed the complaint directing the opponent No.1 to pay an amount of `70,000/- to the complainant along with an interest @ 10% p.a. from the date of offer for settlement i.e.11/03/1996 till realization and cost `1,000/-. Being aggrieved by this order, the original complainant has filed this appeal for enhancement of the award passed by the District Forum.
(4) The matter was on sine-die list. The matter was placed before us on 02/08/2011. We directed the office to issue intimation to both the parties. Accordingly, intimation was issued to both the parties. On the date of hearing, on behalf of the appellant learned counsel Mr.Uday Wavikar appeared and argued the case. The respondent remained absent.
(5) We have gone through the case papers, evidence on record and order passed by the District Forum. Admittedly, the appellant had placed an order for the software for price of `3,25,000/- and paid advance of `1,15,000/-. It is an admitted fact that the complainant had cancelled the order and opponent had expressed willingness to settle the matter and offered `39,400/- for full and final settlement. The appellant is contending that he had cancelled the order vide letter dated 15/01/1996, however he has not produced the said letter before the District Forum. The forum below, therefore, observed that both the parties are not coming with truth and considering the circumstances, the forum below has directed the opponent No.1 to pay an amount of `70,000/- along with interest @10% p.a. from the date of offer for settlement i.e.11/03/1996 till realization. We are of the opinion that the order passed by the District Forum is just and proper and meets the ends of justice. We do not find any substance in the appeal filed by the appellant. We hold accordingly and pass the following order.
ORDER
1) Appeal is dismissed.
2) Order of District Forum, Mumbai Suburban District dated 04/12/2003 is hereby confirmed.
3) Inform the parties accordingly.
Pronounced on 23rd September, 2011.
