M/s.Bioserve Clinical Research Pvt.Ltd.,
Dr.No.6-56/6/1A,
Opp. IDL Factory, Balanagar,
Hyderabad – 500037
Rep. by its Managing Director
Mr. Suneil Reddy. …Complainant
And
1. M/s.Epitome Technologies Pvt. Ltd.,
702/703, Mahalay,
Opp. Hotel President, Off CG Road,
Nvarangpaura, Ahamedabad – 380009.
Gujarat.
Rep. by its Director.
2. Mr.Jaydeep D.Chatrapathi,
Director,
M/s.Epitome Technologies Pvt. Ltd.,
702/703, Mahalay,
Opp. Hotel President, Off CG Road,
Nvarangpaura, Ahamedabad – 380009.
Gujarat.
3. Mr.Vashisht Mehta,
M/s.Epitome Technologies Pvt. Ltd.,
702/703, Mahalay,
Opp. Hotel President, Off CG Road,
Nvarangpaura, Ahamedabad – 380009.
Gujarat. ... Opposite Parties


O R D E R


1. This is a complainant filed under section 12 of C.P. act 1986, seeking directions against opposite party to:-

a. To declare that there is deficiency of service on the part of the opposite party in not performing the work as per the contract.


b. to direct the opposite party to pay the advance money of Rs.89,999/- paid by the complainant along with interest @ 24% per annum.


c. to grant compensation of Rs.5,00,000/-for the mental agony caused in not providing the services.

d. to grant costs of Rs.50,000/-(Rupees fifty thousands only).


2. The brief facts of the complaint are that the complainant is a company registered under the Companies Act having their office at Balanagar engaged in the business of clinical research and conducting various analytical tests by using latest technology on various drugs used by human beings.


It is further submitted that the complainant has approached the opposite parties for validation of labouratory computerized systems during the month of July, 2007 and requested to send the quotation for doing the computer validation work of the systems in the complainant’s company.

In this connection the opposite parties sent a proposal dated 17-07-2007 for executing the work of computer system validation. In response to the said proposal the complainant company has sent a letter dated 21-07-2007 through fax giving the details of the computers to be validated by the opposite parties and the same was duly received by them. In this connection it is necessary to submit that the opposite parties promised that they will complete the entire work within two weeks and basing on the said promise the complainant company has entrusted the work to them.


It is further submitted that the officials of the opposite parties have sent a letter dated 23-07-2007 through e-mail giving all the details of the wok to be executed by them i.e., scope of the work. Further, the opposite party in the said letter has also requested the complainant company to send the purchase order along with advance. Accordingly, after receiving the said letter the complainant company has sent a purchase order No.BCR/0035/07 dated 23-07-2007 through e-mail for validation of 8 systems for an amount of Rs.1,79,776/- including service tax by giving all the details like number of systems, the rate per computer system, service tax etc.,

In this connection the complainant has also sent a cheque for an amount of Rs.89,888/- bearing No.973942 dated 23-07-2007 towards advance amount for executing the work and the said cheque was encashed by the opposite party No.1 on 27-07-2007. In this connection the opposite parties has also sent a letter dated 26-07-2007 acknowledging the purchase order and allotted order acknowledgement number bearing D07PH7132G106.


It is further submitted that thereafter the opposite parties have has sent a blank format through e-mail requesting the complainant company to send back the filled one to them. Accordingly, the complainant company has sent back the filled format to the opposite parties on 14-08-2007 through e-mail and the same was duly received by them. Inspite of receiving the amount and also other documents, the opposite parties have not executed the work as per the agreed terms and conditions. Thereafter, the complainant has sent several correspondences through e-mail and also several remainders through telephones on various dates regarding the said work, but there was no proper and positive response from the opposite party.


The complainant has therefore got issued a legal notice dated 02-01-2008 under registered post with ack due through their counsel demanding to return the advance money paid by the complainant. Inspite of receiving the said letter also the opposite party has not given any proper response. Hence the complaint praying for the reliefs as state above.


3. The opposite parties remained exparte.

4. The complainant filed evidence affidavit reiterating their stand.

5. Exs.A1 to A12 are marked for the Complainant.


6. Points for Consideration are:-


1. Whether there is any deficiency in service on the part of the Opposite parties and



2. Whether the Complainant is entitled for the reliefs prayed for?



7. Points 1 & 2:- Perused the material on record. The main allegation of the complainant is that inspite of receiving Rs.89,888/-towards advance payment. the opposite parties had not executed the works of computer validation as per the agreed terms & conditions. The complainant also alleged that despite sending several correspondences through e-mails and also through telephonic requests, there was no proper and positive response from the opposite parties. The complainant filed the e-mail correspondence, UTI Bank Statement etc., which are marked as Exs.A1 to A12.



8. At the time of appearance before the Forum the opposite parties sent a letter seeking time to file their version. Later inspite of taking no. of adjournments the opposite parties failed to appear before the Forum to file their material papers.



9. Ex.A3 dt.23-07-2007 discloses that the opposite parties informed the complainant that they would initiate the work only after receiving the purchase order along with advance amount. Through Ex.A4 dt.26-07-2007 the opposite parties acknowledged the receipt of purchase order.
As the opposite parties failed to execute the work the complainant through a letter dt.06-09-2007 informed the opposite parties cancelling the contract and requested to return the advance amount. Ex.A8 dt.13-10-2007 is the demand notice to the opposite parties by the complainant. Ex.A9 is the legal notice dt.02-01-2008 by the complainant to the opposite parties. But the opposite parties failed to respond.


10. Ex.A11 is the Bank Statement which discloses that the opposite parties had encashed the cheque for Rs.89,888/- on 27-07-2007. So the opposite parties had received the cheque for Rs.89,888/- encashed it but failed to execute the work as per the purchase order. Hence it is a clear case of deficiency in service on the part of the opposite parties & the complainant is entitled for refund of the amount paid to the opposite parties along with interest, reasonable compensation and costs.


11. In the result, the complaint is allowed in part directing the opposite parties No.1 to 3 who are jointly and severally liable, to pay Rs.89,888/-(Rupees Eighty Nine thousands eight hundred and eighty eight only) with interest at 12% from 27-07-2007 till realization payable to the complainant along with Rs.10,000/-(Rupees Ten thousands only) towards compensation and Rs.2,000/-(Rupees Two thousands only towards costs & legal expenses.

For compliance, 30 days time is granted.