The state of West Bengal & anr. For the Petitioners : Mr. Sandipan Ganguly Mr. Ayan Bhattacharjee Mr. Shounak Mitra Mr. Zulfikar Ali Alquaderi Mr. Aditya Sarkar For the opposite party No.2 : Mr. Tapas Dutta Ms. Matrayee Chatterjee Heard on : 17.12.2024 Judgment on : 21.02.2025 Dr. Ajoy Kumar Mukherjee , J.: 1. Opposite party No.2 herein as complainant lodged a written complaint against eight accused persons, including the present two petitioners alleging that on 05082019, the complainant/ opposite Party No.2 herein purchased a software namely "Microsoft Office Home & Business, 2019" from the accused no.1 through Amazon online and the 2 said product was received with a product KeyHH7XN27BF327BF3 R3M7F83JM3B9976 for installation along with a forwarding letter from the accused no.3. At the time of installation of the said software in the computer, complainant faced problem and as such contacted with the accused no. 2 & 3 but the issue has not been resolved. Then, complainant/Opposite Party No.2 contacted with Microsoft Office, Bangalore as per advice of that accused no. 2 & 3 (who are not the petitioner herein) and from the office of Microsoft a separate Product Key was given on 21082019. Despite that the system was not installed, hence, from the office of Microsoft another Product Key by petitioner no. 1 herein was provided and confirmation code to the complainant was given on 23 082019 but when it was used for installation, the problem still persisted. 2. It is further alleged that in spite of repeated request and reminder, none of the accused persons had taken any initiative for resolving the issue. Accused no.2 lastly on or about 12022021 informed that they are no more in this business and they advised to contact with petitioner No. 1/Microsoft Office. Several email correspondences and telephonic conversations were made with the Microsoft office over the said issue, but the issue had not been resolved. On 31032021 the office of petitioner no. 1 at Bangalore informed the complainant/opposite party no. 2 that the product key is not genuine and authentic as it was sold previously to other person and for which the software couldn't be installed in computer. 3. The petitioner, therefore has been allegedly cheated by the accused persons. Firstly, Product Key HH7XN27BF3R3 M7F83JM3B9976 provided with software was not genuine, hence, from the office of Microsoft 3 another product key RN7V9T3C3T2T42BVM3HRVMKBT was given on 21082019, but the system was not installed. Then from the office of Microsoft another product key RV2NC6G599RDWWPKT23CD7B49 along with confirmation ID was given on 23082019, but again failed, lastly they admitted that the software is pirated i.e. not genuine Secondly, despite repeated request to the accused persons, they did not provide the genuine software and authentic product key, thereby, the complainant/opposite party No.2 has been cheated and all the accused persons are involved in conspiracy. 4. Being aggrieved by the said impugned proceeding Mr. Ayan Bhattacharya, learned Counsel appearing on behalf of the petitioner submits that it is apparent from the petition of complaint that the opposite party no. 2/company had purchased a product of "Microsoft" sold by one Datacorp Software LLP ( Accused No.1) through Amazon India (who is not an accused). It is also the case of the complainant, that they allegedly contacted Microsoft, when the second product key/backup key did not work, and then Microsoft had informed the complainant that the complainant had purchased a pirated version of software. Accordingly it is the Microsoft which had, infact detected that the software was not a genuine one and that complainant has purchased the software from the accused no. 1 through Amazon India, which is a pirated one. 5. Mr. Bhattacharya argued, it is preposterous to note that the Microsoft would