INFOMAX BPO Vs. ABDUL MAJEED LAKHANI

JUDGEMENT

(1.) Aggrieved by the order in CC.No.817/2007 on the file of District Forum-1, Hyderabad , the opposite party preferred this appeal.

(2.) The brief facts as out in the complaint are that the complainants are unemployees and the opp.party is engaged in the business of providing equipment for call center and the complainants attracted by the representations of opp.party approached them to take the equipment for 17 work stations along with other necessary equipment like computers, network, Audio Codes etc. to run the call center for eking out their livelihood. The opp.party promised to provide all the facilities such as Electricity, the Bandwidth and support staff on deposit of Rs.1,70,000/- towards security deposit. The opp.party agreed to provide all the facilities and the complainants have entered into an agreement for usage of call center equipment on 21.7.2006 and paid Rs.1,70,000/- towards security deposit to the opp.party. The opp.paty stated that the said security deposit amount is refundable after the expiry of agreement. The complainant submits that the opp.party is liable to pay the interest as they have failed to provide any of the equipment as promised by them for running the call center though they have received the security deposit. The complainants on several occasions approached the opp.party and requested to supply the equipment for running the call center but the opp.party has been postponing the same on one pretext or the other. The opp.party has changed their address and not informed the same to the complainants. The complainants submit that as the opp.party expressed inability to supply the equipment, they have demanded to refund the security deposit with penal interest and compensation but the opp.party paid only a part of the security deposit amount in instalments to a tune of Rs.1 lakh and did not pay the balance of Rs.70,000/-. The complainants got issued a legal notice to the opp.party dt.25.7.2007 calling upon them to refund the balance security deposit amount together with interest and compensation . The said notice was received by the opp.party but there was no response from them. Hence the complaint seeking direction to the opp.party to refund Rs.70,000/- being the balance of the security deposit together with interest @ 18@ p.a. from 21.7.2006 till the date of realization, to pay Rs.1000/- per day towards the loss of income from 21.7.2006 till the date of payment of full amount and to pay Rs.50,000/- towards compensation and to pay Rs.10,000/- towards costs.

(3.) Though notice was served on the opp.party, it returned with an endorsement unclaimed, hence was set exparte.