BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.282 of 2014

Date of Instt. 14.8.2014

Date of Decision :01.01.2015

Munish Kumar son of Dharam Pal R/o 186, New Deol Nagar, Nakodar Road, Jalandhar.

..........Complainant

Versus

1. Connect Broadband(Corporate office), B-71, Industrial Area, Phase-VII, SAS Nagar Mohali through its Manager.

2. Connect Broadband(Sales office), KM Stone-8, GT Road, Pragpur Jalandhar through Sales Manager.

3. Mr.Anoop Senior Executive Connect Broadband near Taramount Hotel, Model Town Road, Jalandhar through Sh.Navdeep Singh Manager.

.........Opposite party

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Present: Sh.Rajneesh Dev Adv., counsel for complainant.

Sh.MS Sachdeva Adv., counsel for opposite parties.

Order

Ms.Jyotsna Thatai (Member)

1. The complainant has filed the present complaint under the Consumer Protection Act against the opposite parties on the averments that opposite parties displayed canopy about new wi-fi connections of company at Deol Nagar Jalandhar in May 2014. Smt.Shilpi Sharma wife of complainant applied for new wi-fi connection at her residence 186, New Deol Nagar, Jalandhar on 17.5.2014 and also deposited Rs.1120/- with said company who assured Smt.Shilpi Sharma to install modem at her residence for connectivity. An employee of opposite parties came to check the connectivity but he talked rudely and misbehaved with Smt.Shilpi Sharma and complainant. On-line complaint was given to opposite party No.3 and also met Navdeep Singh Manager personally. In the presence of complainant Navdeep Singh Manager scolded the person on mobile who misbehaved with complainant. Complainant met Sh.Anoop Kumar Senior Executive who was also attending the situation who assured that he will check the connectivity, he came with one another official at the house of complainant to check the connectivity but returned Rs.1120/- to Smt.Shilpi Sharma after two days. After 7 days complainant received a mobile call from opposite party No.3 who informed that the company has installed new wi-fi tower near the location of the house of complainant and gave offer for new wi-fi connections. On 13.6.2014 complainant paid Rs.1120/- to the officials of opposite parties for new wi-fi connection vide receipt No.2543706 dated 13.6.2014. The company did not respond and install modem within three days of receipt of payment, a complaint No.9567306 dated 18.6.2014 was made to customer care who assured to do the needful within 24 hours but to no effect. On 21.6.2014 mobile call was given to opposite party No.3 to remind him about complaint and to know the status of connection who gave assurance and told that the requite parts for connectivity are not available, again mail was given to customer care who told that the request of complainant was declined as it was three days old. On such like averments, the complainant has prayed for directing the opposite parties to install new wi-fi connection. He has also claimed compensation.

2. Upon notice, opposite parties appeared and filed a written reply pleading that the connection was booked of pre working of launch of WBB site for Deol Nagar. The site was duly launched and docket was sent for provisioning process after first checking process was rejected. This fact was duly informed that due to technical hitch the connection can not be started. So, amount can be refunded but the customer again asked for double cross checking which was cross checked and again due to technical problem the connection could not be started. Thereafter the refund was made but wife of the complainant refused to accept the refund. So, on this score alone this complaint is liable to be dismissed because of technical reasons. They denied other material averments of the complainant.

3. In support of his complaint, learned counsel for complainant has tendered affidavit Ex.CA alongwith copies of documents Ex.C1 to C15 and closed evidence.

4. On the other hand, learned counsel for opposite parties has tendered affidavits Ex.OPA alongwith copies of documents Ex.OP1 and closed evidence.

5. We have carefully gone through the record and also heard learned counsel for the parties.

6. The complainant has deposited Rs.1120/- vide receipt Ex.C12 with opposite party for wi-fi connection. Counsel for the complainant contended that due to technical reasons the wi-fi connection can not be given to the complainant and opposite parties are ready to refund the Rs.1120/-. He further contended that for giving wi-fi connection underground fiber optic are required to be laid. He further contended that as wi-fi connection can not be given due to technical reasons as such there is no deficiency in service on the part of the opposite parties. We have carefully considered the above contentions advanced by learned counsel for the opposite parties. The opposite parties should have assessed technical feasibility of giving wi-fi connection to the complainant before accepting Rs.1120/- from him. Earlier wife of the complainant applied for connections on 17.5.2014 and deposited a Rs.1120/- but the same were returned to her on the same ground. So it means that at the time of accepting Rs.1120/- from the complainant for giving wi-fi connection the opposite parties were aware that there was technical hitch in giving wi-fi connection to the complainant but still accepting the amount for the same constitute deficiency in service on the part of the opposite parties. The opposite parties can not be compelled to give wi-fi connection as according to them, there is technical problem us giving the same to the complainant. So in these circumstances the complainant is entitled to refund of the amount besides compensation.

7. In view of above discussion, the present complaint is accepted against opposite parties No.1 and 2 and they are directed to refund Rs.1120/- to the complainant and further pay him Rs.5000/- in lump sup on account of compensation and litigation expenses within one month from the date of receipt of copy of this order failing which they shall be liable to pay interest @ 9 % PA after the expiry of said period of one month till the date of payment. Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room.

Dated Jyotsna Thatai Jaspal Singh Bhatia

01.01.2015 Member President