Chandigarh

DF-II

CC/465/2015

Devender Vij - Complainant(s)

Versus

BSNL - Opp.Party(s)

In Person

10 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	465/2015
Date of Institution	:	24.08.2015
Date of Decision	:	10/12/2015

 

                                                

                                                         

Devender Vij r/o 38, First Floor, Sector 7, Chandigarh

                                      ...  Complainant.

Versus

Mr.Jatinder Kumar Mahajan, DGM North, Room No.301, 3^rd Floor, BSNL Office, Telephone Exchange, Sector 17-D, Chandigarh -160017.

…. Opposite Party.

 

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Complainant in person.

                   OP exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that he got an internet connection from OP and he was allotted phone No.2792892. It has been averred that since the day of installation, the internet never worked properly and used to get disconnected at least twice a week with very slow speed whereas he took connection of 2 Mbps speed.  On approaching the OP, he was suggested by the official of the OP that since the internet was being used for stock market operation, he should apply for higher speed i.e. 4 Mbps from OP which he did.   However, even after getting 4 Mbps speed, the problem remained the same.   It has been averred that he had few record in his mobile from 24.04.2015 vide complaint No.1024418682 (Annexure 1).   On making the complaint, the complainant get an auto reply from BSNL that  his complaint has been handed over to Sh.K.N.Singh having mobile No.9464707579 and whenever he tried to contact the number, Mr.K.N.Singh the area did not belong to him.  According to the complainant, he lodged almost 13 complaints with the OP within the period of 4 months and only twice Mr.Ashish, official of the OP had visited his office for physical testing of the complaint and he had assured him that he would send someone else to rectify the fault but till now nothing has been done.  According to the complainant, the frequent disconnection of the internet has not only caused him financial loss but also mental agony. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant complaint.
2.           Notice sent for the service of the Opposite Party through registered post on 09.10.2015 was not received back served/unserved till date.  As the period of more than 30 days had passed, therefore, it was presumed that it had been duly served.  None appeared on behalf of the Opposite Party on the date fixed, hence it was proceeded against exparte vide order dated 16.11.2015.
3.           We have heard the complainant in person and have gone through the documents on record.
4.           In his exparte evidence, the complainant has also placed on record his detailed affidavit reiterating the averments as made in the complaint.   The complainant has also placed on record copies of the complaints registered with the OP from time to time regarding slow/discontinued working of the internet, which amply proves his version.  By the very nature of things, an individual who obtains 4 Mbps speed internet connection would legitimately expect the functioning thereof at a reasonable pace. If such a facility functions at a faulty pace or gets disconnected frequently, it does amount to deficiency in the rendering of services by the OP. Otherwise also, the evidence led by the complainant has gone unrebutted and uncontroverted as the Opposite Party despite due service did not care to contest the case and, therefore, it can be concluded without any hesitation that either it admits the claim of the complainant or has nothing to say in the matter.   
5.           No doubt, the complainant has to suffer mental agony and physical harassment on account of the faulty services rendered by the OP. However, he cannot be held entitled to refund of the charges paid him to the OP, but he can be adequately compensated by awarding compensation on account of mental agony and physical harassment undergone by him.
6.           In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The OP is directed as under ;-

1. to set right the internet connection of the complainant in proper order for its smooth functioning.
2. to pay Rs.7,500/-  as compensation for mental agony and physical harassment to the complainant.
3. to pay Rs.2,500/- as litigation expenses.

This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) shall carry interest @9% per annum from the date of this order till actual payment besides payment of litigation costs.

7.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

10/12/2015

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER