DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.21 OF 2015
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
Smt. Sumati Panda,Principal,
Public School, Phulbanai AT: Narayani Road,
PO/PS: Phulbani Dist: Kandhamal ……………………….. Complainant.
Versus.
The Proprietor of Expert Interactive Solutions
Plot No.13-6-825/A/45, KM Avenue, Langerhouz
Near Kendriya Vidyalaya-1. Hyderabad- 500008 INDIA …………………………….. OPP. Parties.
For the Complainant: Sri M.R. Mohanty, Advocate and his Associates.
For the OPP. Parties: None.
Date of Order: 28-03-2017
O R D E R
The case of the Complainant in short is that the authorized agent of the O.P came to the office of the Complainant and convinced her to give software facilities in order to preserve the data of the school fixing @ Rs. 45,000/- only for the package. On 01-04-2012 one Sri B.V.N Murty came to the school and installed the software and received the cheque bearing No. 000831 having A/c No.21869503443 of Allhabad Bank, Phulbani amounting Rupees of 30,000/- and also executed the money receipt . After 2 weeks the said software did not function in proper manner. So, on intimation another expert namely S. Jakir Hussain came to the school on 26-04-2012 and again installed the programme and he had received Rs. 15,000/- the rest amount in shape of cheque bearing No. 000835 dated 26-04-2012 of the same account Number of Alahabad bank .But the software was not functioning properly and the Complainant communicated to the O.P time and again and contacted him through Mail. The O.P has not taken any interest to solve the problems for which the Complainant sustained heavy loss both mentally and financially. Then the Complainant gave a pleader notice to the O.P but no step has been taken by him. Hence, this complaint was filed by the Complainant for a direction to the O.P to install the correct software or to return the package amount
-2-
of Rs. 45,000/- along with compensation of Rs. 50,000/- due to deficiency in service on the part of the O.P.
The O.P was set exparte as he failed to attend the Forum in spite of getting registered notice. The O.P is not interested to contest the case.
We have heard the Complainant and her counsel. We have gone through the complaint petition and the documents filed by the Complainant in support of her case. It is seen from the documents that the O.P has received the complaint of the Complainant through mail in different dates regarding non function of the software system provided by him. Silence of the O.P in this regard amounts to gross negligence of deficiency in service and also unfair trade practice. So, the complaint filed by the Complainant is allowed exparte against the O.P.
The O.P is directed to remove the defective software system of the concerned school and to refund Rs. 45,000/- with 10% interest per annum from the date of filing of this complaint i.e from 09-07-2015 till the date of realization. The O.P is also further directed to pay Rs. 20,000/- as compensation to the Complainant for mental agony and financial loss. The said order be complied within 30 days from the date of receipt of this order. In case of failure the Complainant is entitled to get interest at the rate of 12 % per annum on the entire awarded amount from the O.P from the date of filing of this case i.e 09-07-2015 till the date of realization.
With the above direction the C.C is disposed of. Supply free copies of this order to both the parties.
MEMBER MEMBER PRESIDENT
