Tamil Nadu

South Chennai

CC/127/2022

Cameo Corporate Services Lt - Complainant(s)

Versus

The Whole Time Director, Sophos Technologies Private Ltd - Opp.Party(s)

K. Ramanathan

15 Sep 2022

ORDER

Date of Complaint Filed : 06.09.2021

Date of Reservation      : 29.08.2022

Date of Order               : 15.09.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                     THIRU. T.R. SIVAKUMHAR, B.A., B.L.,          :  MEMBER  I 

                     THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No. 127 /2022

THURSDAY, THE 15^th DAY OF SEPTEMBER 2022

Cameo Corporate Services Ltd,

A Company Having its Registered Office,

At Subramanian Building, No. 1,

Club House Road, Chennai-600 002.                                                  

Represented by its Authorised Signatory-K Ramanathan,

Sr. Mnager- Legal.                                                             ... Complainant    

 

..Vs..

The Whole Time Director,

Sophos Technologies Private Ltd,

Regd. Office, Sophos House, Saigulshan Complex,

Beside White House,

Panchvati Cross Road,

Ahmedabad-380 006,

Gujarat.                                                                       ...  Opposite Party

******

Counsel for the Complainant          : Party in person

Counsel for the Opposite Party       : Exparte

 

        On perusal of records and after having heard the oral arguments of the Complainant in person, we delivered the following:

ORDER

Pronounced by Member-II, Thiru. S. Nandagopalan, B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to pay a sum of Rs.3,11,416/- being the proportionate licence fees for which the Opposite Party has failed to provide the agreed support by abruptly ending the support prematurely and to pay Rs.1,00,000/- towards the damages and compensation for the hardships caused by the Opposite Party.

2.     The averments of Complaint in brief are as follows:-

The Complainant purchased 2 Nos. Cyberoam Fire wall devices during the year 2014. These Firewall devices were originally supplied and supported by Cyberoam Technologies Private Ltd, Cyberoam Technologies Private Limited was acquired by Sophos Technologies Private Ltd the Opposite Party during the year 2014. The Opposite Party had abruptly ended the service support for the above Firewall devices with effect from 01.04.2021. The Complainant had paid the subscription fee amounting to Rs.5,05,000/- for one year commencing from 12.11.2020. However the Opposite Party all of a sudden stopped the services on 31.03.2021, leaving the Complainant with no choice but to replace the Firewall incurring additional cost and lot of difficulties to the Complainant. Thus the Opposite Party had committed deficiency of service. The Complainant had taken up his grievance with the Opposite Party vide registered letter dated 26.08.2021. However the response from the Opposite Party vide its email dated 22.06.2021 is not satisfactory.  Hence the complaint.

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents were marked as Ex.A-1   to Ex.A-4.      

4.  The Opposite Party did not appear before this Commission even after sufficient notice served on them and hence the Opposite Party was set exparte.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled?

Point No.1:-

        Upon perusal of Ex.A-1 the Complainant vide Invoice NO.DCSC /202100776 dated 19.11.2020 had paid subscription  of Rs.2,52,500/- as against serial No.C44314232202 and a subscription of Rs.2,52,500/- as against Serial No.C44314212181 for two Firewall device amounting to Rs.5,05,000/- for one year commencing from 12.11.2020. As per Ex.A-2 the Opposite Party had announced to end the life plan for Cyberoam products. The new end of Life date was 31^st March 2021 for all Cyberoam Security Appliances, as a result all Cyberoam products would reach end of life and will no longer be supported after 31.03.2021 and recommended for XG Firewall. The Complainant had sent a letter on 26.05.2021, Ex.A-3 to the Opposite Party expressing his grievance that in order to promote the sales of Sophos Firewall devices, they have abruptly ended the support for Cyberoam Firewalls and called upon the Opposite Party to make good the loss incurred by the Complainant.        

However, the Complainant contended the solution given by the Opposite Party, vide email dated 22.06.2021, Ex.A-4 were not satisfactory and acceptable to the Complainant and the Complainant was forced to migrate to an alternate Firewall. Considering the facts and circumstances of the case, this Commission is of the considered view that the Opposite Party having abruptly stopped services from 31.03.2021, when the Licence was valid from 12.11.2020 to 11.11.2021 and by not providing support for the Cyberoam Firewall devices during the validity period thereby compelling the Complainant to procure alternate Firewall devices would amount to deficiency in service. Accordingly, Point No.1 is answered, in favour of the Complainant.

Point Nos.2 and 3:-

        As discussed and decided Point No.1 against the Opposite Party the Opposite Party is liable to pay a sum of Rs.3,11,416/-  to the Complainant being the proportionate licence fees / support charges for the period from 01.04.2021 to 11.11.2021 paid by the Complainant to the Opposite Party through its authorised channel partners and a sum of Rs.20,000/- as compensation for the deficiency in service and mental agony caused to the Complainant along with cost of Rs.3,000/-. Accordingly Point Nos.2 and 3 are answered.

             In the result the Complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.3,11,416/-(Rupees Three Lakh Eleven Thousand Four Hundred and Sixteen Only) to the Complainant being the proportionate licence fees / support charges for the period from 01.04.2021 to 11.11.2021 paid by the Complainant to the Opposite Party through its authorised channel partners and a sum for Rs.20,000/-(Rupees Twenty Thousand Only) as compensation for the deficiency in service and mental agony caused to the Complainant along with cost of Rs.3000/-(Rupees Three Thousand Only), within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of payment.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 15^th day of September 2022.

 

 

S. NANDAGOPALAN                 T.R.SIVAKUMHAR                  B.JIJAA

      MEMBER II                                 MEMBER I                    PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	19.11.2020	Copy of Invoice No. DCSC/202100776 of Dynamic Computer Services, towards payment of License Subscription charges for 1 year
Ex.A2	13.01.2021	Copy of End of Life Announcement by Sophos
Ex.A3	26.05.2021	Copy of letter sent by Complainant to the Respondent by Speed Post
Ex.A4	22.06.2021	Copy of E-mail sent from the Respondent to the Complainant

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

S. NANDAGOPALAN                 T.R.SIVAKUMHAR                  B.JIJAA

      MEMBER II                           MEMBER I                          PRESIDENT