This is a complaint U/S 12 of Consumers Protection Act, 1986 filed on behalf of the complainant Dipak Bose where in it is contended inter-alia to the effect that the complainant got Broad Band connection from O.P. for study purpose of his son. Since having connection the complainant never consumed in exceeding of Rs600/-(Rupees six hundred) only per month. He paid Rs.573/- for consumption of 194 units for the period of 01/01/’11 to 31/01/’11. But he never consumed the alleged units for the period of 01/02/’11 to 28/02/’11 for which bill amount stood at Rs.1,37,806/-(Rupees one lakh thirty seven thousand eight hundred and six) only and thus, the alleged bill issued by O.P is wrong, erroneous & baseless According to proposal of the complainant the OP. disconnected the said Broad Band service connection after recovering a sum of Rs.270/- as landline charge from the complainant By sending letter the O.P demanded Rs. 1,36,586/-(Rupees one lakh thirty six thousand five hundred and eighty six) only for usages charges etc of land line phone no. 03561-224991. Inspite of receiving the complainant’s letter on 09/11/’12 as the O.P. did not take any proper step for the settlement of dispute in question, the complainant lodged a complaint before Asstt. Director, Consumer Affairs & Fair Business Practices, Jalpaiguri on 21/11/’12. As per final verdict of the said Asstt. Director, Consumer Affairs & Fair Business Practices, Jalpaiguri Regional Office the complaint of the complainant had been dropped As the OP sent several intimations to this complainant claiming several figure of amount for the alleged consumption charges for the disputed period, the complainant had been compelled to lodge this complaint with a prayer for getting proper reliefs from this Forum.
Inspite of getting several opportunities as the O.Ps. did not contest this case properly, the present case is being disposed of with ex-parte hearing The reason is best known to the O.Ps. as to why they refrained themselves from contesting this case. However, we have perused the contents of the complaint and the documents filed on behalf of the complainant with meticulous care. On perusal of the same we are satisfied to opine that the documentary evidence/materials as adduced on behalf of the complainant being unchallenged remain unredutted. Resultantly the complainant is entitled to get reliefs as sought for.
Thus, the case succeeds.
Hence it is
O r d e r e d
That the C.C. No. 23/2013 under section 12 of the Consumer Protection Act1986 filed by the complainant Dipak Bose be and the same is decreed ex-parte against the O.Ps. with cost of Rs.1,000/-(Rupees one thousand)only to be paid by the O.Ps. in favour of this complainant.
The O.Ps. are hereby further directed to prepare proper and reasonable bill for the disputed period in question within one month from this date infavour of complainant, in default, the complainant will not be responsible to pay any further amount in this respect.
The O.Ps. are further directed to pay a sum of Rs. 10,000/-(Rupees ten thousand) only in favour of the complainant as compensation for her mental agony & harassment.
The O.Ps. are further directed to liquidate the entire decretal amount infavour of the complainant within one month from this day failing which the complainant will be at liberty to recover the said decretal amount from the O.Ps alongwith interest @10% p.a. to be calculated on the decretal amount on and from the date of filing of the case till recovery of the entire decretal dues by filing a separate proceeding against the O.Ps. as per provision of law.
The O.Ps are restrained from effecting all the bills in question for the period of 01/02/’11 to 28/02/’11.
