O R D E R.

By Smt.  Beena. M, President (In charge) :-

          This is a complaint preferred   under Section 35 of the Consume Protection Act 2019.

2. Brief facts of the case are as follows:-  The First Opposite Party is the Proprietor of Malanad Broadband Communication, Second and Third Opposite Parties are the son and wife of the First Opposite Party.  The Complainant obtained Broadband and Wi-Fi connection on 16/03/2022 from the Opposite Parties. The Complainant transferred Rs. 1,000/- as advance to the Opposite Party’s Google pay number from the account of his wife through Google pay.   The Complainant also made online payment of Rs.5,090/-towards connection fee. Thereafter, the Complainant was paying subscription of Rs. 658/- per month to the Opposite Party without fail.  The Complainant had taken the connection for his wife’s Medical Transcription work.   But from the purchasing date itself, the cable net work connection and Wi-Fi connection was not getting properly and clearly.  The Complainant contacted the Opposite Party several times directly and through phone to rectify the defect, but the Opposite Party did not give any response.   Then the Second Opposite Party came to the house of the Complainant, but not rectified the defect.  The act and conduct of the Opposite Parties amounts to deficiency in service and unfair trade practice on the part of Opposite Parties.  Hence this Complaint.

3. After the complaint was admitted, a notice was issued by the Commission to the Opposite Party. The Opposite Party failed to appear before the Commission in spite of due service of notice.  As a result an ex-parte order came to be passed against them.

4.  In order to substantiate his Complaint, Complainant filed Proof Affidavit and was examined as PW1,  the documents produced were marked as Ext A1 to A3

series, A4 and A5.

5. We have gone through the evidence adduced by the Complainant.  We have also considered the documents submitted by him and heard. The documents show that the Complainant had paid Rs. 1000/-, Rs.5,090/- and Rs. 658/- (7times).  As mentioned above, the Opposite Party failed to appear before the Commission, in spite of due service of notice and as a result, the oral as well as documentary evidence brought by the Complainant on record has gone unchallenged.  It is proved that the Opposite Party not only caused deficiency in services to the Complainant but also adopted Unfair Trade Practice by selling defective product to him which naturally caused mental agony to him.

6.  Upon considering the evidence on record and the submission made by the Complainant, we reached to the conclusion that the Opposite Parties rendered deficient services and unfair trade practice on the Complainant. The relief sought by the Complainant is Rs.1,00,000/- towards compensation, is seen exorbitant.  Therefore, awarding  Rs.15,000/- as compensation would meet the ends of justice.

In the result, the complaint is allowed in part, and the Opposite Parties are directed to refund Rs. 10,038/- (Rupees Ten Thousand and Thirty Eight only) and further directed to pay Rs.15,000/- (Rupees Fifteen Thousand only) towards compensation  and Rs.5,000/- ( Rupees Five Thousand only) as cost of the proceedings.

 The Opposite Parties shall obey the above order within a period of 30 days from the date of this order, failing which they shall be liable to pay interest at the rate of 9% per annum  on the above amounts from the date of this order till realization.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Commission on this the 13^th  day of February 2023.      

Dated of filing:20.10.2022.

                                                                    PRESIDENT (I/C)         :  Sd/-

                                                                    MEMBER                    :  Sd/-

APPENDIX.

Witness for the complainant:

PW1.          Shaju P.C  ( Vandana Shaju)              Complainant.

Witness for the Opposite Parties:

Nil.            

Exhibits for the complainant:

A1.         Copy of  Google Pay Print out.              dt:11.09.2021.

A2.        Copy of Google Pay Print out.                dt:16.03.2022.

A3(a).    Copy of Google Pay Print out.                dt:16.03.2022.

A3(b)     Copy of Google Pay Print out.                dt:22.04.2022.

A3(c )    Copy of Google Pay Print out.                dt:18.05.2022.

A3(d)     Copy of Google Pay Print out.                dt:17.06.2022.

A3(e)      Copy of Google Pay Print out.               dt:16.07.2022.

A3(f)      Copy of Google Pay Print out.                dt:15.08.2022.

A4.        Copy of Cash Receipt for Cable TV/Internet Broadband.  dt:16.09.22.

A5.        Cash Receipt for Cable TV/Internet Broadband.  dt:16.09.22.

Exhibits for the Opposite Parties:

Nil.

                                                                                    PRESIDENT (I/C):  Sd/-                                                                                                MEMBER            :  Sd/