Today has been fixed for necessary order  on the point of admissibility of the complaint . The complaint has been filed by M/S Nerim Group of Institutions and another against the M/S Lybsys Ltd. and another for error in service  .

           It is stated in the complaint petition that the complainant is a premier Institution with a mission to promote professional educational in the North Eastern Region of the country. On the other hand , opp.party no. 1 is a company registered under the company’s act . The complainant purchased a software from the opp.parties on 15.11.2017 for one time set-up fee of Rs.4,50,000/- . The complainant accepted all the terms and conditions with regard to the said purchase order and accordingly paid required amounts to the op.party. The company visited the campus of the complainant and conducted training sessions for the period from 12,3,2018 to 23.3.2018.

            The complainant alleges that some anomalies in the software arose and it caused inconvenience and immediately the complainant intimated the op.party . The opp.party even after getting payment from the complainant did not provide their support to the complainant and to the utter shock of the complainant, the opp.party had terminated their service to the complainant and blocked all the services since the month of January 2021.

              The complainant sent legal notice requesting the opp.party company to repay the subscription fees Rs.18,37,440/- from 1.7.2018 to 30.11.2019. The opp.party company did not give any interest and therefore, finding no other alternative, the complainant has filed this case before this commission to direct the opp.parties to pay an amount of Rs. 18,37,440/- with an interest 8% per annum as compensation for the huge loss incurred by the complainant.

                We have gone through the definition of consumer under the Consumer Protection Act which   read as under :-

Consumer means any person who-

(i)            Buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such  goods other than the person who buys such  goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment , when  such use is made with the approval of such  person, but does not include a person who obtains such goods for resale or for any commercial purpose.

(ii)           Hires  or avails of any service for a consideration   which  has been paid or promised or partly paid and partly promised, or under any system  of deferred payment and includes any beneficiary of such  service other than the person who hires or avails of the services for consideration  paid or promised, or partly paid and partly promised, or under  any system of deferred payment, when such  services are availed  of with the approval of the first mentioned person, but  does not include a person who avails of such service for any commercial purpose.

            Our view is that the complainant entered into an agreement  with commercial proposal with the opp.parties for the easy functioning of his institute  .The grievance of the complainants arose against the opp.parties for the breach of terms and condition made between them. 

        The opp.parties have violated the provisions made with the complainant in terms of the agreement between them. As the complainant does not fall under the definition of Consumer and  it does not cover the exclusion clause defined in section 2 (7) (a)  of the C.P.Act, 2019. We observe that there are specific law to solve   the commercial matter and litigation of civil nature and the complainant may approach the appropriate forum if desires .

               As such complaint petition is not admitted.