DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No.614/2022

Date of Institution: 01.12.2022

Judgment Reserved on: 25.06.2024

Judgment Passed on: 25.06.2024

QUORUM:

Sh. S.S. Malhotra (President)

Sh. Ravi Kumar (Member)

Judgment By: Shri Ravi Kumar (Member)

JUDGMENT

The Complainant has alleged deficiency in service on the part of OPs in selling him non customized software for his Medical Centre i.e. Rajdhani Gastro and Liver Centre, Vigyan Vihar, Delhi.

1. The Complainant has stated that he had purchased a software i.e. TH+ HMS Software Licenses Digital (Unlimited user) – Version – TI -OPD Offline on 15.03.2022 from the OP Company by paying Rs.10,000/- for utilization at his Medical Centre. As per the terms and conditions of MOU OP was to install the software and provide free AMC for one year. At the time of entering the MOU the Complainant was informed that there will be customization and changes in the software done as per the requirement of the Complainant. Accordingly the software was installed by OP but it did not work as per the need of the Complainant and he contacted the OP for customization of the software as per his requirement. However the calls made by the Complainant were neither attended properly nor any action was taken by the OP to resolve the grievance.
2. On account of non-customization of the software it was impossible for the Complainant to use the software. After making repeated request over e-mail etc. to resolve the issues online the Complainant requested the OP to provide services at his Medical Center, however nobody visited on behalf of the OP though as per the agreement it was assured and agreed that visit was to be organized on demand at the cost of the Complainant. Finding no way out, the Complainant requested OP to refund the entire amount and remove/delete the software, however the same was denied by the OP.
3. The Complainant issued Legal Notice dated 01.10.2022 for which no reply was received by him and the Complainant has filed complaint case before this Commission seeking following reliefs :
   • OP be directed to refund Rs.10,000/- to the Complainant alongwith 18% interest till the realization of the amount.
   • OP be directed to pay Rs.2,00,000/- to the Complainant towards mental agony and harassed.
   • OP be directed to pay Rs.11000/- towards litigation expenses.

Any other relief this Commission deemed fit and appropriates in the facts and circumstances of the case.

4. The Complainant has also filed an affidavit that the software purchased by the Complainant was for personal use and not for commercial use.
5. Notice was issued and OP were served on 17.03.2023. No reply was filed nor OP appeared and OP were proceeded ex-parte vide order 23.05.2023. The Complainant has filed his evidence by way of affidavit wherein he has marked as following documents as exhibits:
   • Copy of MOU signed between Complainant and OP as exhibit CW1/A.
   • Copy of invoice and license agreement as provided by the OP as exhibit CW1/B.
   • Copy of e-mail dated 23.07.2022 of the Complainant as well as OP as exhibit CW1/C.
   • Copy of e-mail dated 05.08.2022 as exhibit CW1/D.
   • Copy of Legal Notice dated 11.10.2022 alongwith postal receipt as exhibit CW1/E.

The Complainant has also filed copy of communication on watsapp between him and the OP.

6. This Commission has heard the arguments of the Complainant and perused the record.

It is undisputed that the Complainant purchased a software to be installed in his Medical Centre i.e. Rajdhani Gastro and Liver Centre, Vigyan Vihar, Delhi for the use to keep electronic records of his patients. The cost of the software was Rs.10,000/-as per Invoice dated 15.03.2022 and the complainant has been able to prove that he is consumer  within the definition of Section 2 (7) of CP Act.

7. As per the Complainant, the software was to be customized after installation as per the requirement of complainant. The Complainant was not able to use the software as it was showing many unwanted columns/data and he requested the OP to the modify/customize the software as per his requirement and he wrote several e-mails and whatsapp message to OP but all in vain. The Complainant after the installation of software was following up with the OP to customize the same as per his requirement however the OP did not provide the solution and as a result the Complainant was not able to use the software for the purpose for which he had purchased it.
8. OP did not file reply and is ex-parte and as a result the complaint filed by the Complainant goes un-rebutted. The Complainant is a Doctor by profession and he purchased the software from OP for keeping proper medical record of his patients in electronic form. However the Complainant was facing the problem from the date of installation and the software was to be customized as per the agreement between the parties and since the OP did not take any steps to resolve the issue and after waiting for reasonable time Complainant requested OP on 23.07.2022 to refund the amount and remove the software from his system as it was hindering his normal functioning also. However OP failed to do so.
9. Thus the Complainant has been able to establish deficiency in service on the part of the OPs and this Commission while holding the OPs liable for the deficiency in service orders as follows:

• OPs, jointly and severely, to refund Rs.10,000/- along with interest @7% per annum with effect from 15.03.2022 within 30 days from the date of receipt of this order.  OP shall remove the software installed at the medical centre of the complainant also within 30 days from the date of receipt of this order.

• OPs jointly and severely would pay Rs.10,000/- towards mental agony and harassment including litigation cost.

This orders to be complied within 30 days from the date of receipt of the Order failing which OPs jointly and severely shall pay interest 9% per annum on the above amounts till the date of realization.

Copy of the order be supplied/send to parties free of cost as per rules.

File be consigned to Record Room.

Announced on 25.06.2024.