Order No. 09 / dated 12/02/2016.
In this complaint Complainant Ranjit Das by filing this complaint has submitted that complainant took broadband internet connection being All That Broadband Internet Connection, username-ranjit underscore shn, Client ID-18137001037, Zone Shera Cable Net from the op which was installed at premises no. 5, Maujuddin Jamadar Lane, 3rd Floor, under Police Station- Karaya, Kolkata-17 and for that purpose complainant paid an amount of Rs. 4,000/- to op for installation of the same and the complainant is paying monthly charges of Rs. 617.98 paisa every month in advance for the said broadband internet connection to the ops.
But from the middle of August, 2015 the said broadband internet connection was not working and was totally disconnected the reasons not know to the complainant and as such complainant made a several complaint over phone calls and personally visited the office of the ops for reconnection of the said internet connection but ops showed their negative, reluctant attitude for reconnecting the broadband connection by giving lame excuses for the reasons best known to the ops and thereafter ops informed the complainant that very soon the internet connection will be back to its original position.But since last two months no connection has yet been restored.Though there is no deficiency on the part of the complainant for paying monthly rent as usually and he is not a defaulter.
But fact remains that the internet connection is very necessary commodity of daily livelihood of the complainant but for negative attitude of the op and for deficient and negligent service, complainant has been suffering and in the above circumstances, complainant has prayed for refund of Rs. 4,000/- and also directing the ops to pay compensation for harassing the complainant and for causing mental pain and agony.
In this case notices were duly served upon the ops, but ops did not turn up and ultimately this case is heard ex parte form.
Decision with reasons
On careful consideration of the complaint including the documents and further considering the negative attitude of the ops to contest this case and also considering the argument as advanced by the Ld. Lawyer for the complainant, no doubt it is found that complainant took internet connection from the op by paying more than Rs. 5,000/- and he had been paying monthly charges of Rs. 617.98 paisa at every month for the said broadband internet connection.But op without any valid reason disconnected the said broadband internet connection and has not yet restored the same, even after repeated requests made by the complainant.
Fact remains that complainant spent Rs. 5,000/- for installation of Broadband Internet Connection and that was paid to ops and ops gave connection and from the copy of original receipt, it is found that complainant had been paid monthly rent well in advance and till disconnection of that, complainant paid the same and receipt was issued by the ops.
Now question is that what is the cause for disconnection.Fact remains that disconnection was made without any justified ground and in fact broadband internet connection is very much necessary in daily life of the complainant and no doubt it is a necessary commodity of the complainant in his daily life and complainant as a bona fide customer is entitled to get the connection when he had been paying monthly rent regularly on proper receipt and in the present case there is no material to disbelieve the testimony of the complainant on the ground that ops got chance to contest this case but they did not try to appear before this Forum to deny the allegation of the complainant and for which as unchallenged testimony of the complainant and also relying upon the documents, we are convinced to hold that ops even after getting monthly rent and also charges for installation has disconnected the said broadband internet connection of the complainant without any valid and legal cause and that was disconnected on and from August, 2015 without any justification and such an act on the part of the ops is no doubt unfair trade practice because it is not right to disconnect the internet connection but it is a contract in between the complainant and op and complainant has complied the terms and conditions of the connection as given by the op.Then op must have to show their cause of disconnection but that has not been shown.
But truth is that complainant has been facing much problem for not getting such connection and truth is that op has no ground to disconnect the internet connection.So, disconnection is illegal, uncalled for and is a deceitful manner of trade which has been proved beyond any manner of doubt.
In view of the above fact and circumstances, we are convinced to hold that complainant is entitled to get a relief as prayed for when negligence and deficiency and also deceitful manner of trade and unfair trade practice on the part of the ops is proved beyond any manner of doubt.
In the result, this complaint succeeds in ex parte form against all the ops.
Hence, it is
ORDERED
That the complaint be and the same is allowed in ex parte form with cost of Rs. 5,000/- against ops.
Ops jointly and severally are hereby directed to pay compensation of Rs. 10,000/- for harassing the complainant in such a manner and for adopting unfair trade practice and for deceitful manner of trade and further negative attitude of ops, complainant suffered much mentally and also financially.
Ops jointly and severally are hereby directed to pay the entire decretal dues of Rs. 15,000/- within one month from the date of this order positively and if it is found that ops are reluctant to comply this order in that case ops jointly and severally shall have to pay penal damages at the rate of Rs. 1,000/- per month from the date of this order and if it is collected, it shall be deposited to this Forum.
Even if it is found that ops are reluctant to comply this order in that case penal proceeding shall be started u/s 25 read with Section 27 of C.P. Act, 1986 against the ops for which further penalty and fine shall be imposed against ops.