BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

23^RD DAY OF APRIL 2016

O R D E R

SMT. M. YASHODHAMMA,   MEMBER

This is a complaint filed by the complainant in person under Section 12 of Consumer Protection Act, 1986 praying for an order against Opposite Party (herein after referred as OP) to refund Rs.2,099/-  along with compensation of Rs.90,000/- on the allegations of deficiency of service. 

2.      The brief averments made in the complaint are as follows:

Complainant had taken new broad band connection from OP on 26.10.2015.  On 01.11.2015 complainant requested for new Wi-Fi router through ACT-TV helpline (080-42840000) complainant paid full payment of Rs.2,099/- on 08.11.2015.  OP informed that Wi-Fi installation would take one week time.  After one week complainant contacted OP through their helpline 4-5 times.  Every time he was promised that it would be installed within 24 hours.  After waiting for two weeks complainant asked to refund of the amount paid but there was no response from OP.  However, on 28.11.2015 complainant got a call from OP for installation of Wi-Fi router.  The representative of OP came on 06.12.2015 with a Wi-Fi router of different vendor not for which complainant had paid. The Wi-Fi router which was promised and charged to the complainant was CISCO E900 but the representative of OP came with D-link router which was costing  just Rs.1,400/-.  Since the product was not the same and was cheaper alternative, complainant rejected the installation.  After that till date the money is not refunded to the complainant.  Complainant has to make call every time to OP, asking for the status and OP helpline is busy.  Complainant has to wait for 5-10 minutes just to explain his problem.  OP helpline is not toll free each phone call made by the complainant cost him Rs.15-20/-.  When he raised online complaint, there was no response.  Complainant has to pay for internet charges and other devices during this 1 month of waiting period.  Complainant was new customer within first week of installation he faced internet outage for 24 hours on two occasions.  He was charged for internet services even on those days on pro-rata basis.  Complainant wasted his precious time.  He took leave from his work for the Wi-Fi installation.  The main purpose of taking high speed internet was to work from his home for critical task on time.  But complainant could not able to work properly because of the troubles caused by OP.  Complainant faced lot of mental torture.  Inspite of repeated request and email correspondences OP failed to refund the amount.  Hence, felt deficiency in service against OP.  Under the circumstances, he is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint and issuing of notice an official by name Mr.Hemananda appeared before this Forum on behalf of the OP.  But failed to contest the matter by filing version or affidavit evidence, inspite of giving sufficient opportunity.  Hence the case was posted for filing affidavit of the complainant.

4. In support of the complaint averment, Mr.Vineet Vashishth, who being the complainant filed his affidavit by way of evidence reiterating the complaint averments and also produced documents.

5. The above said assertions of the complainant have remained unchallenged. OPs neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. In support of his complaint complainant has produced the following documents. Document No.1 are copies of the email correspondences made by complainant dated 03.12.2015, 18.04.2015, 14.11.2015, 08.12.2015 and 09.12.2015.  Document No.2 is copy of the invoice issued by OP to the complainant acknowledging receipt of Rs.2,099/- from complainant through cheque dated 08.11.2015 towards ACT Account No.131061.

7.  On perusal of oral and documentary evidence produced by the complainant it is clear that complainant is a broad band account holder with OP.  On 26.10.2015 he had taken new broad band connection from OP and on 01.11.2015 he requested for new Wi-Fi router through ACT-TV helpline (080-4284000) and made full payment of Rs.2,099/- on 08.11.2015.  He was told that Wi-Fi installation would take one week time for installation.  After waiting for one week complainant contacted OP to their helpline 4-5 times, every time he was promised that it will be installed within 24 hours.  After waiting for two weeks complainant finally sought for refund of the amount paid.  There was no response from OP for his request.  After waiting for 4 weeks, complainant got a call on 28.11.2015 from OP for installation of Wi-Fi router of different vendor, D-Link which is costing Rs.1,400/- but the OP promised and charged for CISCO          E-900 to the complainant.  Complainant made number of calls, but there was very less response from OP.  Every time when he asked for the status the helpline of the OP was busy and he has to wait for     5-10 minutes just to explain his problem and each time each phone call cost him around Rs.15 to 20/-.  There was no response to the online complaint.  Complainant had to pay internet charges during one month of waiting period.  He being a new customer and within first week on installation he faced internet outage for 24 hours on two occasions.  He had complained to the OP 2-3 times.  There was charges for internet services even on those days on pro-rata basis.  Inspite of waste of lot of time and taking leave for Wi-Fi installation, he was not able to work properly.  Because of the trouble caused by OP he has faced lot of mental torture.  Hence, this complaint.

8. From the available materials on record, it is crystal clear that OP having accepting Rs.2,099/- from the complainant on 08.11.2015 towards new Wi-Fi Router through ACT-TV helpline as per Document No.2, has failed to install the connection inspite of repeated emails and failed to refund the amount till today.  This act of OP amounts to unfair trade practice and deficiency in service on their part.  We are satisfied that complainant proved deficiency in service on the part of OP.  OP has retained the said amount for more than 6 months thereby causing lot of inconvenience and mental agony and made the complainant to approach this Forum by wasting his precious time and energy apart from incurring further expenses. Hence OP is liable to refund Rs.2,099/- and compensation of Rs.5,000/- towards mental agony and harassment caused along with litigation cost of Rs.2,000/- to the complainant.   Accordingly, we proceed to pass the following:

ORDER

1. The complaint filed by the complainant is allowed in part. 

2.  OP shall refund Rs.2,099/- and pay compensation of Rs.5,000/- towards mental agony and inconvenience caused along with litigation cost of Rs.2,000/- to the complainant within 30 days from the date of receipt of this order.

3. Supply free copy of this order to both the parties.

 (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 23^rd day of April 2016)

MEMBER                            MEMBER                         PRESIDENT

NRS* 

COMPLAINT NO.2012/2015

Witness examined on behalf of the complainant dated 17.03.2016 Sri.Vineet Vashishth,                     

Witnesses examined on behalf of the OP – Absent

List of documents produced by the OP– Nil

MEMBER                             MEMBER                         PRESIDENT