By Sri. MOHANDASAN.K, PRESIDENT
1. The complaint is filed by Nannammukku Grama Panchayat, Represented by Secretary of the grama Panchayath. The grama Panchayat decided to provide touch screen facility in front office. Accordingly tender proceedings initiated on 16/10/2018 and the lowest tender quoted Sanscorp India Private Limited was selected. An agreement was executed between the complainant and Sanscorp India Private Limited company and touch screen purchased also. The complainant paid the bill amount on 09/07/2019. But the touch screen did not work more than 6 months. The product was low quality and the operating system was not active as per agreement. The complainant regularly contacted the opposite party over phone and letter, but the opposite party did not care to repair the system or to replace the same. Ultimately the complainant issued a registered notice on 03/08/2021. Then the system was taken by the opposite party for the repair work. Thereafter the opposite party did not repair the system and not replaced the same. The complainant registered a complaint on 09/12/2021 before the Changaramkulam police station. The complainant also submits that the High-speed scanner supplied by the complainant along with touch screen Kiosk also remains defective. The opposite party was asked to rectify the defect of the scanner. So far the opposite party has not rectified the same.
2. The complainant submitted that touch screen facility was proposed to install with the government fund for providing better service to the public. The same was noted by the audit department of the government. Hence the prayer of the complainant is to provide appropriate remedy in the matter.
3. On admission of the complaint, notice was issued to the opposite party but the opposite party despite intimation of notice not turned up. Hence the opposite party was called absent and set exparte.
4. The complainant filed affidavit and documents. The documents marked as Ext. A1 to A9. Ext. A1 is true copy of tax invoice issued by Sanscorp India Private Limited dated 10/05/2019 for Rs.1,49,250/-. Ext. A2 is true copy of service receipt dated 03/08/2021. Ext. A3 is letter issued by the complainant to the opposite party dated 30/01/2020. Ext. A4 is notice issued by the complainant to the opposite party dated 24/03/2021. Ext. A5 is copy of notice issued by the complainant to the opposite party dated 24/03/2021. Ext. A6 is copy of fair copy dated 26/03/2021. Ext. A7 is photo copy of register with postal receipts dated 27/03/2021. Ext. A8 is copy of notes of audit officer, Malappuram dated 06/03/2021. Ext. A9 is copy of complaint filed by the complainant before ChangarmamKulam police station dated 09/12/2021.
5. Heard the complainant, perused affidavit and documents.
6. In this complaint the notice was issued to the opposite party. Though the intimation was served on him, the opposite party did not claim the notice and so returned the notice. Hence the opposite party was called and set exparte.
6. The affidavit in lieu of evidence and documents filed by the complainant establishes the case of complainant. The unchallenged evidence of complainant stands proved that the complainant had installed touch screen kiosk facility to provide better service to the public at the cost of government fund. The complainant selected the opposite party through the tender process opting lowest quotation. But the instruments installed by the opposite party became defective within 6 months. The complainant promptly informed the opposite party and the opposite party taken away the instrument for rectification of defect. But, till filing this complaint the opposite party did not address the grievance of the complainant. The complainant regularly contacted the opposite party and demanded either to replace or to refund the cost of the instrument. At last, the audit department also made comments on the issue. The complainant has produced Ext. A1 to A9 documents to substantiate the contention in the complainant. Ext. A1 is tax invoice issued by the opposite party which shows the cost of the product as Rs.1,49,250/-. Ext. A2 shows that the defect of the instrument as touch screen misfunction, dusty screen edges, dusty cooling fan and OS not activated (ORG –CD enclosed). Ext. A3 is Letter issued by the complainant to the opposite party dated 30/01/2020. Ext.A4 is notice issued by the complainant to the opposite party dated 24/03/2021. Ext. A5 is copy of notice issued by the complainant to the opposite party dated 24/03/2021. Ext. A6 is copy of fair copy dated 26/03/2021. Ext. A7 is photo copy of register with postal receipts dated 27/03/2021. Ext. A8 is suggestion of the audit officer of audit department, Malappuram and Ext. A9 is copy of complaint before the ChangaramKulam Police station. The case of the complainant stands proved with sufficient documentary evidence. The commission finds gross deficiency in service and unfair trade practice on the part of the opposite party. The complainant is entitled for the refund of the cost along with compensation and cost. Hence, we allow this complaint as follows: -
- The opposite party is directed to refund the cost of Rs.1,49,250/- along with interest at the rate of 12% per annum from the date of filing of this complaint till realization of the amount.
- The opposite party is directed to pay Rs.50,000/- to the complainant on account of deficiency in service on the side of opposite party and thereby caused hardships and inconvenience to the complainant and also to the public at large
- The opposite party is also directed to pay cost of Rs.10,000/- to the complainant.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the entire above amount shall carry interest at the rate 12% per annum from the date of filing this complaint till realization.
Dated this 13th day of July, 2022.
Mohandasan . K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: PW1
Documents marked on the side of the complainant: Ext.A1 to A9
Ext.A1: True cop y of tax invoice issued by sanscrop India Pvt Ltd dated 10/05/2019
for Rs.1,49,250/-.
Ext.A2: True copy of service receipt dated 03/08/2021.
Ext A3: Letter issued by the complainant to the opposite party dated 30/01/2020.
Ext A4: Notice issued by the complainant to the opposite party dated 24/03/2021.
Ext A5: Copy of notice issued by the complainant to the opposite party dated
24/03/2021.
Ext.A6: Copy of fair copy dated 26/03/2021.
Ext A7: Photo copy of register with postal receipts dated 27/03/2021.
Ext A8: Copy of notes of audit officer Kerala State audit Malappuram dated
06/03/2021.
Ext A9: Copy of complaint filed by the complainant before ChangarmamKulam
Police station dated 09/12/2021.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan . K, President
PreethiSivaraman.C, Member
VPH Mohamed Ismayil.C.V, Member
