Order-8.
Date-05/07/2017.
Shri Kamal De, President.
The insatant case relates to an application u/s.12 of the C.P. Act, 1986.
Complainant’s case in short is that OP is telecom and internet service provider. The OP approached the Complainant through their team leader Mr. Goutam Pramanik with an offer as stated hereinafter subject to payment of Rs.3,790/- on 08.11.2016 and the offer was valid up to 08.11.2016, i.e., the date itself. It was also stated that the offer of Rs.3,790/- have to be adjusted with three monthly advance rent and OP has to provide the Complainant a free router, phone set, unlimited calling for local and STD call and high speed internet at a speed of 16 mbps with a limit of 10 GB data per month and speed of 256 kbps. Thereafter, it was also promised by the team leader Sri Goutam Pramanik that the line would be activated by 10/11 of November, 2016. The Complainant found the offer acceptable and accordingly filled a form on 08.11.2016 and paid a sum of Rs.3,790/- on line under transaction ID No.1108991298 dated 08.11.2016, but the connection was not activated on 11.11.2016 despite several calls. OP also gave further promise for activation on 13.11.2016, 15.11.2016, 17.11.2016 and lastly on 19.11.2016 within 02 Pm and finally it was rescheduled by email for activating the said connection within 72 hours as per email from the appellate authority of OP, Kolkata dated 20.11.2016. But, OP Company failed and neglected to keep even with the said promise to the Complainant. Thereafter, the Complainant sent a reply vide email dated 20.11.2016 asking for a clear clarification from the OP as the OP was deviating from the promise. The Complainant thereafter was informed by the OP vide email dated 24.11.2016 expressing inability to provide connection and asked the Complainant to request the OP for refund of money. The Complainant thereafter in the meantime received a call from Airtel No.8130793619 for rendering his name, address, Bank Branch Name, Account No., IFSC Code, MICR Code etc. The Complainant refused to give Bank Account details as it is against the directives issued by RBI.
The lady representative of OP became furious and threatened to forfeit the deposit of Rs.3,790/-. The Complainant thereafter vide his email dated 22.11.2016 reported the entire matter to the OP, but yielded no fruitful result. The Complainant thereafter, received a threatened mail dated 24.11.2016 from the OP demanding a sum of Rs.1,72,394/-. In the said email they also mentioned that OP had received an amount of Rs.125/- only paid by the Complainant through his selfcare on 21.11.2016. The Complainant has alleged he has no idea about such fictitious amount as claimed to have been paid by him on 25.11.2016. The demand also was followed by threatened calls to pay sum of Rs.1,72,391.15. The Complainant wrote several emails to the OP to prove their demand or to refrain from threatening calls, but none of the emails of the Complainant was answered properly. The Complainant has alleged deficiency of service as well as unfair trade practice against the OPs.
It is alleged that the OPs have made a false claim and they have not also provided service in terms of the terms and conditions laid down by them in spite of receiving an amount of Rs.3,790/-.
The Complainant has prayed for decree in terms of prayers in the petition of complaint.
Despite receipt of summons, none appears from the side of the OP to contest the case and the case has proceeded ex parte against the OPs.
Point for Decision
- Whether the OPs are deficient in rendering service to the Complainant?
- Whether the Complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the documents on record i.e. photocopy of confirmation of Amount of Rs.3,790/- by OP, photocopy of brochure for unlimited free calls with Airtel Broad Band, photocopies of emails on different dates in between the parties, photocopy of the email for refund of money and other documents on record.
It appears as stated by the Complainant that on 08.11.2016 a representative of OP Company namely Goutam Pramanik approached the Complainant with an offer which was subject to payment of Rs.3,790/- on 8.11.2016 as the offer expiring on the said date itself. The offer was like this – Rs.3,790/- will be adjusted against three months rent, other things like free rentals, phone set, router, 20GB high speed internet per month and free unlimited local calls and STD calls. The Complainant accepted the offer on making payment of Rs.3,790/- vide transaction no. 11089912189 dated 08.11.2016 online. The OPs also promised to activate the line by 10/11 November, 2016, but we find as alleged by the Complainant that the line was not activated in spite of several emails to the customer care of the OP. The Complainant kept on contacting the OP over phone and also vide emails on different dates from 11.11.2016 to 21.11.2016.
We also find that the Complainant also received an email from the OP expressing inability to provide the said connection and for taking the refund of Rs.3,790/-. It is also alleged that OP demanded a sum of Rs.1,72,394.15 from the Complainant. The fact remains without any connection given to the Complainant, how could OPs demand a sum of Rs.1,72,394.15?
None came from the side of the OP despite service of summons to contradict or to controvert the version of the Complainant. The Evidence on Affidavit filed by the Complainant remains unchallenged and uncontroverted.
No explanation is also given in any of the emails sent by the OP to the Complainant regarding wherefrom a payment of such a huge amount was thrust upon the Complainant. The Complainants has also alleged that the Bill is fictitious and ghostly and that such huge fictitious bill is in no way connected with him.
In absence of any contrary or controverting materials on record and as the OPs have failed to contest the case, we think that there is no plausible explaining forthcoming before us as against such a Bill escalating to Rs.1,72,394.15. We also find that OP failed to render service as against the the payment of Rs.3,790/- which was paid by the Complainant to the OP for the Mobile / Internet connection as alleged in the petition of complaint.
In the fats and the circumstances, we think that the Complainant is entitled to get the relief as prayed for.
Consequently , the case merit success.
Hence,
Ordered
That the instant case be and the same is allowed ex parte against the OPs.
OPs are directed jointly and severally to refund an amount of Rs.3,790/- to the Complainant, if not refunded yet, within one month from the date of this order apart from litigation cost of Rs.5,000/-.
OPs are also directed jointly and severally to pay an amount of Rs.10,000/- to the Complainant for causing harassment, mental pain and agony within the said stipulated period.
OPs are also directed to stike down the fictitious bill amounting to Rs.1,72,394.15 prepared against the Complainant forthwith.
Failure to comply the order will entitled the Complainant to put the order into execution under appropriate provision of CP Act.
