Case: Datacore India Private Limited Vs The West Bengal State Co-operative Housing Federation Ltd. represented by Chief Executive Officer. West Bengal State Consumer Disputes Redressal Commission
| Judges | P.K. Chattopadhyay and S. Coari, Members |
| Issue | Consumer |
| Judgement Date | February 10, 2010 |
| Court | West Bengal State Consumer Disputes Redressal Commission |
Order:
S. Coari, Member, (West Bengal)
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The present Revisional Application has been preferred against the Order No. 10 dt. 4.9.09 passed by Calcutta District Consumer Disputes Redressal Forum, Unit-I, Kolkata-700 087 in Case No. 279 of 2008, wherein the Ld. District Forum did not uphold the prayer application filed by the Revisionist/OP on the point of maintainability.
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The Complainant/OP, West Bengal State Co-operative Housing Federation Ltd., a Co-operative Society, hired the service of the Revisionist/OP for development and installation of software required for the purpose of loan accounting of the complainant's society, which was not up to the mark and to the satisfaction of the complainant. In such circumstances, the complainant instituted the complaint case on the ground of deficiency in service on part of the OP/Revisionist and prayed for refund of the money.
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The OP/Revisionist entered appearance and raised the point of maintainability on the ground that the OP/Complainant being not a consumer in true sense of the term as per provisions of Consumer Protection Act and more so, the contract/agreement entered into between the parties for the purpose of installation of software in question being a commercial contract the complaint was not maintainable and prayed for dismissal of the complaint case.
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Ld. District Forum while disposing of the application on the point of maintainability has observed that the complainant was a consumer in true sense of the term and that the transaction between the parties cannot be treated as a commercial transaction and accordingly did not uphold the prayer of the Revisionist/OP on the point of maintainability. Being aggrieved and dissatisfied with such order passed by the Ld. District Forum the present Revisional Application is filed.
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The only moot question that revolves round the present Revisional Application is as to whether the Ld. District Forum was justified enough in not upholding the prayer of the Revisionist/OP on the point of maintainability.
DECISION WITH REASONS
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Since the OP, The West Bengal State Co-operative Housing Federation Ltd., was absent on calls at the time of hearing, the Ld. Advocate for the Revisionist was heard ex parte.
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At the time of hearing it has been submitted on behalf of the Revisionist that from the materials on record it has become palpably clear that the complainant institution was a profit earning institution and that the transaction between the parties...
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