Andhra Pradesh

East Godwari-II at Rajahmundry

CC/68/2015

Gorrela Aravind, - Complainant(s)

Versus

M/s. Apple Broadband Services Private Limited - Opp.Party(s)

A.Venkateswara Rao

01 Feb 2016

ORDER

        Date of filing:    06.11.2015

                                                                                             Date of Order:  01.02.2016

 

BEFORE THE DISTRICT CONSUMER FORUM-II, EAST GODAVARI

DISTRICT AT RAJAHMUNDRY

 

        PRESENT:   Smt H.V. Ramana, B.Com., L.L.M.,   PRESIDENT(FAC)

                      Sri A. Madhusudana Rao, M.Com., B.L., MEMBER         

 

              Monday, the 1^st day of February, 2016

 

C.C.No.68 /2015

Between:-

 

Gorrela Aravind, S/o. G. Subrahmanyam,

D.No.12-19-3, F.No.S-1, Block: A,

Aged 25 years, Resident of Suraj Bhavan,

Vundavalli Vari Street, Aryapuram,

Rajahmundry.                                                                         …        Complainant

 

                        And

 

M/s. Apple Broadband Services Private Ltd.,

Sri Durga Complex, D.No.46-9-3,

Near Chinna Gandhi Statute, Bypass Road,

Danavaipeta, Rajahmundry.                                                   …        Opposite party

 

 

 

 

            This case coming on 28.01.2016 for final hearing before this Forum in the presence of Sri Appana Venkateswara Rao, Advocate for the complainant and the opposite party called absent and having been set ex-parte, and having stood over till this date for consideration, this Forum has pronounced the following:  

 

O R D E R

(Per Smt.H.V. Ramana, (President FAC)

The complainant filed this complaint under Section 12 of the Consumer Protection Act, 1986 to direct the opposite party to pay Rs.25,000/- towards  damaged computer and its accessories along with interest @ 18% p.a. from the date of complaint till payment; to pay Rs.1,350/-  towards router costs; to pay Rs.50,000/- towards damages and pay Rs.5,000/- towards legal expenses.

2.         The case of the complainant is as follows: It is submitted that the opposite party provided an internet connection to the complainant in his house D.No.12-19-3, Aryapuram, Rajahmundry, in which he is living, and there is router facility also to the same and the same has been enjoying the facility for the last two years and paying the bills as and when they are due and payable to the opposite party and the latest receipt issued by the opposite party to the complainant is 01.06.2015 for Rs.3,300/- under their bill/receipt No.146750 towards half year rent and on 29.8.2015 because of the defective wire of the net provided, current stood passed through it and thereby the complainant’s computer connected to it, in which the motherboard and processor and monitor stood damaged and the router box also stood became black and the wire connected to it became black and there was a smoke from the router and computer system and there is big sound and the entire thing is lost and later the same is informed to the opposite party, their people came and visited the same and further stated to the complainant that their head/boss would come and settle the issue and the complainant made several demands for the same, but there is no proper response. The complainant was constrained to gave complaints to the opposite party twice, but there is no compliance properly, but the opposite party change of jack connected to the router and the complainant has to purchase a new router worth Rs.1,350/- and the opposite party is liable to pay the same to the complainant. The complainant got issued legal notice dt.18.9.2015 to the opposite party, but there is no reply and no compliance so far. Hence, the complaint.

3.         The opposite party remained ex-parte despite receipt of notices from this Forum.

 

4.         The proof affidavit filed on behalf of the complainant and Exs.A1 to A7 have been marked for the complainant.

 

5.         Heard the complainant.

 

6.         Points raised for consideration are:

           1. Whether there is any deficiency in service on the part of the opposite party?

            2. Whether the complainant is entitled for the reliefs asked for?

            3. To what relief?

           

7.   Point Nos.1 & 2:-  The complainant is a regular customer of the opposite party and having an Internet connection since two years and paying the bills regularly to the opposite party, to that extent, the complainant filed Ex.A3. The main contention of the complainant is that due to defective wiring provided by the opposite party to the internet connection, electricity passed through the internet wires on 29-8-2015 and the complainant’s computer, thereby damaged the motherboard, monitor and router. The wires which were connected became black and there was smoke from the router and the computer system and also there was a big sound when the electricity passed through the computer. The complainant informed the same to the opposite party and they visited the same and stated that they will inform their boss and settle the issue. The complainant several times demanded for settlement, but they failed to do so. The complainant filed the bills of the damaged computer and router under Exs.A1 and A2. The complainant further contended that due to defective wiring of the opposite party, the computer and other accessories were damaged and also contended that it is the duty of the opposite party for laying a better line with best wiring to get the benefits out of the internet i.e. purchased from the opposite party. The opposite party collecting huge amount from their customers, but they failed to give proper service to their customers. The complainant suffered a lot due to the defective wiring done by the opposite party and he incurred huge loss and mental agony. The complainant also contended that he got issued a legal notice to the opposite party vide Ex.A5 and also filed the photographs of the burnt cables vide Ex.A6.  The legal notice was received by the opposite party and failed to give any reply. The complainant also purchased another router for Rs.1,150/- and he filed a copy of the invoice before this Forum vide Ex.A4.

            After perusing the material on record, we observed that the opposite party failed to appear before this Forum and was set ex-parte. It is observed that the complainant filed Ex.A6, in which it is clearly showing that the cables were burnt due to defective wiring by the opposite party. Even after receipt of Ex.A5 i.e. legal notice, the opposite party failed to do their part of service, this amounts to deficiency in service on the part of the opposite party.  Due to defective internet wiring of the opposite party, the complainant’s computer and router were damaged and the opposite party is liable to pay the value of the computer system and router to the complainant.    

8.  Point No.3:- In the result, the complaint is allowed in part, the opposite party is directed to pay Rs.24,500/- towards the damaged computer system cost and damaged router cost of Rs.1,150/- to the complainant. We also further direct the opposite party to pay Rs.1,000/- towards the costs of the complaint. Time for compliance is two months from the date of this order. 

 

Dictated to the Stenographer, typed to my dictation, corrected and pronounced by us in open Forum, on this the 1^st day of February, 2016.

 

             Sd/-xxx                                                                                        Sd/-xxx

            MEMBER                                                                           PRESIDENT (FAC)

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR COMPLAINANT:  None.                                                             FOR OPPOSITE PARTY:  None.

 

DOCUMENTS MARKED

 

 

FOR COMPLAINANT:

 

Ex.A1    Cash bill No.73, dt.30.1.2014 issued by Nano Tech to the complainant for

              Rs.24,500/-.

Ex.A2    Bill No.98 dt.16.6.2014 given by Krishna Infotech, Rajahmundry to the

               complainant for Rs.1,200/-.

Ex.A3    Subscription receipt bearing No.14650 dt.1.6.2015 for Rs.3,300/- issued by the

              opposite party to the complainant.

Ex.A4    Invoice No.13203 dt.4.9.2015 for Rs.1,150/- issued by M/s. Computer point in

             favour of the complainant.

Ex.A5    Legal notice dt.18.9.2015 got issued by the complainant to the opposite party

              with served ack. due.

Ex.A6    Photographs showing the damage caused to the computer system and its allied

  apparatus fixed by the opposite party.

Ex.A7    Aadhar card of the complainant.

 

 

FOR OPPOSTIE PARTY:-   - Nil –

 

 

        Sd/-xxx                                                                                              Sd/-xxx

       MEMBER                                                                                 PRESIDENT (FAC)