West Bengal

Kolkata-I(North)

CC/509/2015

Gautam Basu - Complainant(s)

Versus

M/s. Manthan Broadband Pvt. Ltd. - Opp.Party(s)

30 Jan 2017

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/509/2015
 
1. Gautam Basu
S/o Late Gopal Chandra Basu, 61/2, Gopal Mishra Road, P.O. - Behala, Kolkata - 700034.
...........Complainant(s)
Versus
1. M/s. Manthan Broadband Pvt. Ltd.
6, Ganesh Chandra Avenue, P.S. - Bowbazar, Kolkata - 700013.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MRS. Samiksha Bhattacharya MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 30 Jan 2017
Final Order / Judgement

Order No.  8  dt.  30/01/2017

       The case of the complainant in brief is that the complainant is a subscriber of o.p. which provides cable connection to the respective customers. The complainant entered into a package started by o.p. on and from Jan.2010 and a new package was offered in the month of Aug. 2013. The complainant applied as a subscriber for the package mentioned Manthan Vanilla and the same scheme came into effect on and from Jan. 2014. On or about 1st week of Nov. 2014 o.p. made a breach of contract with malafide intention by withdrawal of certain channels. Because of such unfair trade practice committed by o.p. the complainant prayed for Rs.7500/- for disobedience of lawful act, Rs.5000/- for intentional delay and other reliefs.

            In spite of receipt of notice the o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p.

            The complainant adduced evidence and in support of the contention of the complainant some documents have been filed. The evidence of the complainant has remained unchallenged. On perusal of the materials on record it appears that the complainant paid in total sum of Rs.231/- for availing of the Manthan Vanilla Scheme and the said amount was paid on 7.1.14. The complainant further paid same amount in the month of Nov. 2014. The complainant filed this case on 14.10.15. The complainant could not file any document to show that he paid further amount during the subsequent period. It is the allegation of the complainant that he paid the amount and as per the channels to be provided to the complainant was not provided and as such unfair trade practice was adopted by o.p. since o.p. has not given, therefore we have no alternative but to accept the contention of the complainant and the complainant will be entitled to get back the amount paid by him to o.p.        Thus the case is disposed of accordingly.

            Hence, ordered,

            That the CC No.509/2015 is allowed ex parte with cost against the o.p. The o.p. is directed to pay to the complainant a sum of Rs.462/- (Rupees four hundred sixty two) only along with compensation of Rs.200/- (Rupees two hundred) only for harassment and mental agony and litigation cost of Rs.100/- (Rupees one hundred) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.         

            Supply certified copy of this order to the parties free of cost.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MRS. Samiksha Bhattacharya]
MEMBER

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