Sri.D.Krishnappa, President speaks for the Forum:-<br /> <br /> 1. Brief facts leading to this complaint may be set out as under:-<br /> <br /> The Complainant was a customer of Sify Broadband Internet service previously Hathway Broad band internet service later on took over Sify. Complainant selected the Hathway, Broadband Internet unlimited Internet access plan, under the username ‘Kushalappa’ paying a pre-paid amount of Rs.505/- per month from the month of February 2007. From the past 4 months, Complainant has been deprived of the firm’s assured service with hardly any Internet connection at home. There would not be Internet at home for approximately 15 days of the entire assured month he was frequently forced to ring up their technicians requesting them to set it right. They would come and set it right and within a few days there used to be some problem again.<br /> On the 6th of May 2007, he called up the technicians as usual requesting them to set right the net connection. They came after 2 days and one of them told me that he will return in 5 minutes with a replacement of port hub and never turned up. Repeated phone calls did not yield any response either, he has been cheated by the firm and subjected to lot of abuses and inconveniences. The trust he had on ‘Hathway” has affected me both financially and emotionally. Since, he was forced to call frequently he spent a lot out of his cell currencies too. After sending a register post Complaint to the firm as directed by the consumer court, the representatives have offered to provide service for the next four months without any levied charges. But he will be taking his computer to coorg this month end, as he finished his engineering 2 weeks back and their offer would not be of any use to him. Hence, this Complaint. <br /> 2. In spite of service of notices, the Opposite party failed to appear before this Forum and therefore they are set exparte. <br /> 3. In support of averments made in the Complaint, Complainant has filed his affidavit and produced following documents.<br /> <br /> (1) Three receipts dated 19.02.2007, 01.04.2007, 01.05.2007.<br /> (2) Receipts of register post.<br /> (3) Xerox Copy of the letter.<br /> <br /> 4. Heard arguments.<br /> 5. In view of the averments made in the Complaint the point for consideration is:- “Whether the Complainant proves that the Opposite party has caused deficiency in service?<br /> <br /> REASONS<br /> <br /> 6. The Complainant was a customer of Sify broadband internet service previously. Later on Hathway broadband internet service took over Sify. Complainant selected “Hathway -------- 2007” this has been clearly mentioned in his receipts. Since the Complainant is an Engineer computer internet appears to be essential for him. When ever the internet connection went wrong the Complainant used to ring up to the Hathway service requesting them to set it right. They would come and set it right within few days there used to be some problem. Therefore he was deprived of the service for at least 15 days in a month on the 06.05.2007 when the Complainant requested to set the net connection right the technicians came 2 days later and they told they would replace ‘port hub’ and return in 5 minutes but never turned up. The above said statements have been considered by the Forum. Though the Complainant paid Rs.505/- for internet connection every month he was depride of the service by Hathway. The Hathway service has not replied to the Complainants registered letter. This shows their negligence. Complainant paid Rs.505/- for internet service on 1-5-2007 to the O.P. But O.P. did not give any service to the complainant in that particular month. Therefore O.P. is liable to refund Rs.505/-. The Complainant though has alleged that in all the four months during which he has paid money at Rs.505/- each, the Opposite party has not given service for not more than 15 days in each month and thus has sought refund of entire money. Admittedly, he has not produced bill of March 2007 to prove the payment. Admittedly has availed service of Opposite party during February April 2007. Though according to him for 15 days in each month, but has not produced any copy of letter or correspondence he made with the Opposite party alleging the proper service or deficient act till May 2007. Therefore, the Complainant is not entitled for refund of money he has paid for the month of February to April 2007. Hence, the Complaint liable to be allowed in part.<br /> 7. In the result, for the aforesaid reasons, we proceed to pass the following orders:- <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The Opposite party is directed to repay to the Complainant Rs.505/- being the charges of May 2007 within one month from the date of receipt of this order, failing which they are further directed to pay interest thereon at the rate of 10% p.a. from this date till the date of payment.<br /> 3. The Opposite party is directed to pay to the Complainant damages of Rs.500/- for mental agony and Rs.300/- towards costs of the proceedings. <br /> 4. Give a copy of this order to each party according to Rules.<br />