Date of Filing:-14/12/2015

Order No. -06                                                                                                      Dt.- 16/03/2016

Shri Asoke Kumar Das,President

F  I  N  A  L   O  R  D  E  R

          Complainant’s case in a nutshell is that being satisfied with the reputation, online trading and advertisement of O.P.1, he purchased one microsoft windows 7 professional 32 bit operating system from O.P.

- through online cash of Rs.6955/- which was delivered to him on 29/08/2015 by courier “Blue Dart” and in lieu he also paid Rs.6955/- towards price of the said article. After opening the cover of the article he found a secret key76Y4W –YDJRP-2BP8V-79BTV-TRQYA which should be used while loading operating system in computer and for its online activation and when that key was used it showed “Invalid Secret Key” in the screen because that key was fake and pirated. Complainant reported that matter to O.P.1 but no fruitful result came oput. As such complainant sereved legal notice upon O.P.1 0n 10/09/2015 by redg. Post. O.P.1 gave answer to that notice denying almost all assertions made in the legal notice.  Hence, this case.

          Notice was issue upon both the O.ps. by this Forum and despite service of notice , the O.ps. didn’t appear. Hence the case was heard ex-parte.

          We have heard arguments of Ld. Lawyer for the complainant at a length in full on the previous date.

          Now after due consideration of argument advanced by the Ld. Lawyer for the complainant and the materials on record i.e. the petition of complaint which is supported by affidavit and the documents filed i.e. the annexures, we find sufficient reason to hold that the complainant has been able to prove that he is a consumer and the O.ps. are guilty for deficiency in service and /or Unfair Trade Practice as alleged by his unchanged assertions made in his petition of complaint which is supported by affidavit coupled with documents i.e. annexures. So the complainant is entitled to get the reliefs specified below.

           In the result the case succeeds.

           Hence, it is                                            

                that this case/application stands allowed exparte with litigation cost of Rs.Three Thousand only.(Rs.3000/-)

                The O.Ps. are hereby directed to return back the price of the article Rs.6955/- to the complainant within 30 days hereof.

                 The O.Ps. are further directed to pay to the complainant Rs.5000/- in the head of compensation for his harassment, mental pain etc.

               The O.Ps. are further directed to pay to the complainant Rs.5000/- for their aforesaid deficiency in service and /or Unfair Trade Practice.

                 The O.Ps. are directed to comply aforesaid direction within 30days from the date hereof failing which the entire amount of Rs.3000/- +Rs.6955/-+ Rs.5000/- + Rs.5,000= Rs.19,955/-(Nineteen Thousand Nine Hundred Fifty Five) only in total will carry interest @8% p.a. till realisation and the complainant shall be at liberty to realise the same by putting this order into execution in accordance with law.

                 Let copy of this final order be supplied free of cost forthwith to the parties/ their Ld. Advocates/agents on record by hand under proper acknowledgement/sent by ordinary post, in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.