BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL

FORUM, BIDAR

C.C. NO. 74 / 2010

In the matter of:

The Millennium Public School …. Complainant

Versus

M/s. HCL Infosystem Ltd. … Respondent

EVIDENCE BY WAY OF AFFIDAVIT ON BEHALF OF THE

RESPONDENT

I, D.K. Singh S/o Sh. Maharam Singh aged about 46 years working
for gain at M/s. HCL Infosystem Ltd., 806, Sidhartha 96, Nehru
Place, New Delhi, do hereby solemnly affirm and declare as
under:

1. I say that I am working as a Manager Legal in the

respondent company and conversant with the facts of
the case and am competent to swear this affidavit.

2. I say that the complaint does not disclose any cause of

action against my company.

3. I say that this Hon'ble Forum has no jurisdiction to

entertain the complaint. The complainant is not a
consumer of my company with respect to the subject
matter forming the part of the complaint. The transaction
entered by the complainant with my company is purely
commercial in nature done for commercial purpose to
gain profit.

4. I say that the present matter raises disputed question of

fact and law which cannot be decided under summary
proceeding and only by holding trial in civil court, the
matter can be adjudicated.
5. I say that the complaint is not maintainable under section
8 of the Arbitration and Conciliation Act, 1996. The claim
raised in the present complaint is also a subject matter of
the arbitration clause 11.1 of the Agreement dated
23.12.2008 entered by the complainant with my
company. This Hon'ble Forum being the “Judicial
Authority” is duty bound to refer the parties to arbitration
in terms of the Arbitration clause. The agreement dated
23.12.2008 is already on record as Annexure –A attached
to the reply filed by my company.

6. I say that the complaint is vague and lack of material

particulars. The complainant has not mentioned against
which alleged cause of action it has approached this
Hon'ble Forum against my company. The complainant
had not disclosed which term of the agreement has been
allegedly breached by my company.

7. I say that the complainant being the fictitious body and

therefore, question of paying damage to the tune of Rs.
50,000/- as sought in the complaint towards mental
shock does not arise.

8. I say that M/s. HCL Infosystem Ltd. is a company duly

registered under the Companies Act, 1956 having its
registered office at 806, Sidhartha 96, Nehru Place, New
Delhi and corporate office at E-456, Sector – 11, NOIDA
(UP).

9. I say that my company is one of the leading companies in

India in providing sales, services and training in the field
of information technology and inter-alia also provides
services to school to make the learning experience of
primary and secondary level student (upto 10+2) simple,
interesting and productive through the optimum use of
technology.
10. I say that on 23.12.2008, the complainant entered into
an Agreement namely “HCL-DIGI SCHOOL SERVICES
AGREEMENT” with my company wherein the complainant
agreed to my company proposal of providing HCL – DIGI
School and other services in accordance with the terms
and conditions of the said Agreement.

11. I say that my company rendered its services promptly

and readily as per the agreement. My company as per
the agreement provided hardware and available software
to the complainant’s school. My company had also
started imparting training to its resource coordinators to
train the complainant’s teachers and ensured to the
complainant to deliver its services as per the agreement.
However, it was the complainant which did not allow my
company to install the contents (Software) in the
complainant’s school. For the complainant’s own fault,
omission and commission my company cannot be made
liable. The copy of the invoice dated 05.06.2010 raised
by the company to the complainant regarding supply of
server is already on record as Annexure – B attached
with my company reply.

12. I say that as per the agreement dated 23.12.2008,

Agreement was for a period of 5 years and continue from
23.12.2008 to 22.12.2013.

13. I say that my company never made any commitment to

the parents of the student of the complainant’s school.

14. I say that my company as per the agreement provided

hardware (Servers, PCs, Keyboard, Mouse, UPS) and
available software to the complainant’s school on
29.05.2009. In January, 2010, my company in its letter
written to the complainant has categorically inform that
my company had also started imparting training to its
resource coordinators to train the complainant’s teacher
 and ensured to the complainant to deliver its services as
per the agreement and further assured that the contents
would be ready for release by May, 2010 and would
deliver the same to the complainant’s school at the very
beginning of Academic Session. Copy of the letter
written in January, 2010 is already on record as Annexure
–C attached with the reply filed by my company reply.

15. I say that there was no deficiency in service or

negligence on the part of my company and my company
acted as per the terms and conditions of the agreement.

16. I say that it is denied that the complainant constructed

two well furnished rooms incurring huge amount of
money more than one lac with required amenities. It is
denied that the complainant incurred more then Rs.
70,000/- for furniture and Rs. 32,000/- towards faculty,
Rs. 5000/- towards furniture partition and Rs. 48,000/-
towards rent charges while investigating capital amount
of Rs. 66,000/- for establishment of the unit to provide
service to the students. It is denied that there was any
agreement between the complainant with my company
with respect to the said alleged expenditure.

17. I say that the complainant is not entitled for any relief,
compensation from this Hon'ble Forum and the complaint
be dismissed in favour of my company and against the
complainant.

Deponent

VERIFICATION:

Verified at __________ on this 27th day of December, 2010, that the

contents of the above said affidavit are true to my knowledge
based on company record and legal advice.

Deponent