DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO.509/2016
Date of Filing: Date of Admission Date of Disposal:
11.08.2016 11.08.2016 18.04.2017
Complainant = Vs. = O.P.
Nabajatak Vidyabhaban For Girls 1. WEBSYS INFOCOM
Behalf of School represented Represented by
by its Headmistress Bonnis Chakraborty,
Sujata Basu Chattopadhyay, 17, Maydibas Pally,
W/o. Sumanta Basu, Dakshineswar,
32A/17B, South Sinthee Road, Kolkata- 700035.
Kolkata- 700050.
P R E S E N T :- Pradip Kumar Bandyopadhyay….President
:- Sri. Rabideb Mukhopadhyay ….….Member
:- Smt. Kabita Acharjee(Goswami)….Member
J U D G E M E N T
This case has been filed by the complainant- Nabajatak Vidyabhaban For Girls, represented by its Headmistress Sujata Basu Chattopadhyay on 11.08.2016 under Section 12 of the C.P. Act, 1986 against WEBSYS INFOCOM, Represented by Bonnis Chakraborty.
The facts of the case, to put in a nutshell are as below:-
The complainant had appointed Websys Infocom for Design and implementation of a website at Rs. 6,000/- in the name of their school.
According to the agreement, in the month of November, 2014 the complainant paid advance Rs. 3,000/- on 07.11.2014 through cheque (cheque No. 471980) for making the website.
But unfortunately, after wasting a long period of time the O.P somehow prepared a site which is not satisfied to the complainant.
The complainant informed the O.P to rectify the lapses of the site. But the O.P forced the complainant to pay the rest of amount with verbal assurance that they would rectify the lapses of site.
After that the complainant paid the rest of the amount Rs. 3,000/- through cheque date on 18.02.2015 (cheque No. 671984) to the O.P in expectation of fulfillment of their rightful demand.
The complainant in spite of several reminders over phone and several personal visits at their office the needful rectification could not be done.
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That the O.P day to day harassed the complainant but still the O.P did not fulfill his commitment and as a result the complainant along with the School Authority faced a great trouble and passing their days with mental agony which is not compensated in the money value, it is a great example of deficiency in service and unfair trade practice on the part of the O.P.
That despite the assurance orally made by the O.P, the O.P did not even bother to entertain the complainant whereby the complainant lodged written complaint with the Asst. Director, C.A and F.B.P, Barrackpore dated 18.05.2015 and the said authority called upon the O.P on 13.07.2015 but the O.P did not appear before the Asst. Director, C.A and F.B.P, Barrackpore.
That the complaint is made bonafide and for ends of justice.
The complainant, therefore, prays for the following reliefs:-
a). The O.P is to be directed to refund the amount of Rs. 6,000/- with interest which the complainant paid.
b). The O.P is to be directed to pay the following amount in the following heads:-
i). Mental agony, pain, anxiety Rs. 5,000/-
ii). Unnecessary harassment of Rs. 5,000/- and unfair trade practice.
c). The O.P is to be directed to pay Rs. 15,000/- as litigation cost.
O.P. did not turn up to contest the case although the O.P received summons. Track report is lying with the record.
From the pleadings of the complainant the following points have been framed for decision:-
1). Is the complainant a consumer?
2). Is the O.P deficient in service?
3). What relief the complainant is entitled to get?
All the points are taken up together for the sake of brevity and convenience. Before we discuss the points, let us look at the documentary evidence.
The complainant filed petition on 11/01/17 praying for treating the complaint as E/Chief.
The BNA was filed by the complainant on 21/04/ 2017
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DECISION WITH REASONS
1) The complainant filed copies of Debit Vouchers dated 07/11/2014 and
18/02/2015 each for Rs 3000/-(paid through cheque nos. 671980 and 671984) and copy of Invoice No. WI/WP/33 of Websys Infocom signed by its representative with endorsement dated 7/11/14 and 18/02/15 “Received in full payment”
So, the consideration has been fully paid and the complainant is a consumer under the O.P.
2) The advance and full payment was made for making a 5 page web site of the complainant’s school. The O.P. failed to design the web site as was prescribed and up to the satisfaction of the complainant.
3) On contact by the complainant with the O.P. several times over phone and by personal visit for correcting the site as it relates to detailed information of the school and making a scar on the reputation of the School, the O.P. paid no heed to complainant’s requests with a don’t care attitude.
This is a sheer deficiency on the part of the O.P.
4) The complainant thereafter lodged a complaint on 15/05/2015 with the Office of the Assistant Director, CA&FBP, Barrackpore R.O. for solution of the problem through Mediation but the O.P. is so adamant and negligent that in spite of A.D.’s letter dated 17/6/15 (Memo. No. 814) to the O.P. to appear in that office on 13/7/15, the O.P. did not comply with the instruction of the office. Accordingly, the A. D. sent letter to the complainant vide Memo. No. 911 dated 13/7/15 that the case could not be solved due to non-response of the Opposite Party. The complainant had to run pillar to post in reality.
5) As the (OP) was absent and failed to take the opportunity of controverting the allegations of the complainant, we have no option but to rely on the unchallenged testimony of the complainant. The complainant is no doubt
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a consumer under the OP as the latter received money against grant of receipts.
As discussed above, the OP is highly deficient and so, the complainant deserves relief.
In the circumstances, we have no other alternative but to pass
ORDER
- That the complaint be and the same is allowed exparte under section 13(2)(b)(ii) of the C. P. Act, 1986 as amended so far;
- That the O.P. is directed to refund to the complainant Rs 6000/- (Six Thousand) with 9% interest from 07/11/2014 on Rs 3000/- and from 18/02/2015 on Rs 3000/- till date of actual payment by O.P. and realization by the complainant, within 30 days from the date of this judgement;
- That the O.P. is directed to pay to the complainant Rs 5000/-(Five Thousand) as compensation for physical harassment and mental agony of the Headmistress of the school and Rs 3000/-(Three Thousand) as litigation cost, within 30 days from the date of judgement;
- That on non-compliance of any of the above orders, the O.P. shall have to pay a punitive damage of Rs 100/-(One Hundred) per day to be reckoned after the expiry of the specified time, 50% of which shall go to the complainant and the rest 50% to be deposited with the SCWF.
Let copies of the order be handed over to the parties when applied for.
Member Member President
Written and Corrected By Me
