Tamil Nadu

South Chennai

CC/422/2014

M/s.R.Narayanan - Complainant(s)

Versus

M/s. Matrix Cellular International Service Pvt Ltd., - Opp.Party(s)

M/s.R.Narayanan

10 Jul 2019

ORDER

                                                                        Date of Filing  : 27.10.2014

                                                                          Date of Order : 10.07.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.422/2014

DATED THIS WEDNESDAY THE 10^TH DAY OF JULY 2019

                                 

R. Narayanan,

S/o. Mr. P.L. Raman,

New No.17, Old No.7,

Kripasankari Street,

West Mambalam,

Chennai – 600 033.                                                        .. Complainant.                                                    

 

                                                                                   ..Versus..

 

M/s. Matrix Cellular International

Services Private Limited,

Represented by its Regional Manager (Sales),

Seshasaai 2^nd Floor, No.4/606,

First Main Road, Nehru Nagar,

Rajiv Gandhi Salai,

Kottivakkam,

Chennai – 600 041.                                                    ..  Opposite party.

 

For the complainant                  : Party in person

Counsel for the opposite party : M/s. N. Samuthira Vijayan & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to direct the opposite party to apologize for all the inconvenience caused to the complainant and not to cause any further disturbances by illegal means and cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he used to go abroad for meeting existing and prospective customers.  The opposite party, M/s. Matrix Cellular International Services Private Limited providing cellular and internet data card for international travellers. During the month of February 2014, when the complainant was on a market visit to U.A.E. for 3 days from 18.02.2014 to 20.02.2014 for meeting several prospective customers, he availed the internet data card services from the opposite party.  The complainant also used the mobile internet on 18.02.2014.  But it did not work.  Immediately, the complainant reported to the opposite party through ISD calls and informed about the failure of internet connection.  The complainant also reported about the failure to the Chennai Office through ISD call and their Delhi customer support desk and requested them to look into the issue and restore service on emergency basis at the earliest.   The connection was finally restored only in the late evening hours of 18.02.2014 – post working hours in UAE and thus reducing an entire day of 18.02.2014 a waste thus incurring very severe displeasure from the senior executives of the company.   On 20.02.2014 also, in the early morning the Sim card failed and was not restored even after several intimation and calls through ISD.  The complainant submits that the failure of service for 2 days i.e. on 18.02.2014 and 20.02.2014 caused great inconvenience, displeasure in marketing and meeting with Senior Executives. 

2.     The complainant submits that he received a notification on 18.02.2014 that the complainant fully consumed total data allowance of 100.00 MB.  But the complainant not opted for monthly plan.  The complainant submits that the non-working of data card results the non-achievement of the business visit to U.S.E. leads a sorry face in his employment.   The complainant submits that even after the receipt of the complaint regarding the failure of data connection, the opposite party sent a bill dated:08.03.2014 for a sum of Rs.3,33,625/-.   The opposite party not only again failed on their promises but also started giving pressure to the complainant to pay the bill in full.   The complainant made payment for an amount of Rs.4,700/- through online payment transfer to the Matrix account from the HDFC Bank account on 02.05.2014 which is more than any of the past bills he had received from Matrix Cellular for data card charges for similar three day usage.  The complainant submits that he had been put to severe hardship and mental agony due to the unfair trade practice and deficiency in service adopted by the opposite party.  Hence, the complaint is filed.

3.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegations made in the complaint and put the complainant to strict proof of the same.  The opposite party states that the complainant has suppressed the material facts and filed this case with malafide intention in order to avoid the payment and to avoid liability as per the terms and conditions of customer agreement form and usage of international sim card.   The opposite party states that the liability of the complainant is to pay the entire amount for his usage of data to the opposite party.  The opposite party is only the service provider and sell internet sim card / data card.   The complainant is liable to pay a sum of Rs.3,33,624/- towards the usage of Sim card /data card from the network company of the opposite party.   The opposite party states that the Sim card / Data card has been hired by the complainant on 17.02.2014 for the usage till 20.02.2014 after duly signed the agreement with mutually agreed tariff plan i.e. customer agreement form with credit card as payment mode.  The Sim card /Data Card was delivered to the complainant on 17.02.2014 bearing Sim Card / Data Card No.559894060 was hired by the complainant from the opposite party.    It is submitted that as per the itemized bills of the complainant, the volume of data 1245030 KB was downloaded on 19.02.2014 & 2747250 KB volume data was downloaded on 20.02.2014.   On the contrary, it is submitted that the opposite party is only seller of SIM card & Data card.  The services was provided by the network partner of that country.  After getting email from the complainant on 18.02.2014, it was resolved immediately.    It is submitted that these excuses cannot avoid the liability occurred due to the usages of international mobile connection.   The opposite party states that it has been conveyed to the complainant that the Data Charges are based on the usage.  Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A26 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B6  is marked on the side of the opposite party.

5.      The points for consideration is:-

1. Whether the opposite party is liable to apologise for the inconvenience and deficiency in service caused to the complainant as prayed for?
2. Whether the complainant is entitled to a sum of Rs.10,000/- with the cost of proceedings as prayed for?

6.      On point:-

Both parties filed their respective written argument.  Heard the complainant also. Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he used to go abroad for meeting the existing and prospective customers. The opposite party, M/s. Matrix Cellular International Services Private Limited providing cellular and internet data card for international travellers.  During the month of February 2014, when the complainant visiting U.A.E. for 3 days from 18.02.2014 to 20.02.2014, he availed the internet data card services from the opposite party.  Ex.A1 is the copy of e-mail intimation from Narayanan to Matrix Cellular dated:18.02.2014.  The opposite party assured that:

1. Uninterrupted and seamless service of mobile and internet connectivity in UAE.

2. 24x7 Support in case of any difficulty in availing their service. 

The complainant used the mobile internet on 18.02.2014.   But it did not work.  Immediately, the complainant reported to the opposite party through ISD calls and informed about the failure of internet connection.    But on a careful perusal of Ex.A1, it is very clear that the internet date connection is very slow for which, the opposite party sent an e-mail acknowledging the complaint and restored the internet connection in the evening of 18.02.2014.  The learned Counsel for the complainant would contend that due to the failure of internet connection, the contacts with customers are failed and wasted.   On 20.02.2014 also, in the early morning the Sim card failed and was not restored even after several intimation and calls through ISD.  But the complainant has not produced any document to prove such complaint through ISD.

7.     Further the contention of the complainant is that the failure of service for 2 days i.e. on 18.02.2014 and 20.02.2014 caused great inconvenience, displeasure in marketing and meeting with Senior Executives for that also, the complainant has not produced any document.  Further the contention of the complainant is that he received a notice on 18.02.2014 that the complainant fully consumed total data allowance of 100.00 MB.  But the complainant not opted for monthly plan.  Further the contention of the complainant is that the non-working of data card results the non-achievement of the business visit to U.S.E. leads a sorry face in his employment for which also, there is no iota of evidence.  Further the contention of the complainant is that even after the receipt of the complaint regarding the failure of data connection, the opposite party sent a bill for a sum of Rs.3,33,625/- which is not only excess but also baseless.  But on a careful perusal of records, it is very clear that the opposite party has given itemwise bill as per Ex.B3 & Ex.B4 showing the usage of data.  It is also seen from the records that the complainant has not paid any amount towards the bill except a sum of Rs.15,000/- debited from the account of the complainant and payment made for a sum of Rs.4,700/- by the complainant which is evident from Ex.B6.  Thereby, it is very clear that the complainant is a defaulter in payment of usage of data card.   The law is well settled that ‘the defaulter cannot maintain a consumer complaint’.

8.     The contention of the opposite party is that the complainant has suppressed the material facts and filed this case with malafide intention in order to avoid the payment and to avoid liability as per the terms and conditions of customer agreement form and usage of international sim card.  Further the contention of the opposite party is that the liability of the complainant is to pay the entire amount for his usage of data to the opposite party.  The opposite party is only the service provider and sell internet sim card / data card.   The complainant is liable to pay a sum of Rs.3,33,624/- towards the usage of Sim card /data card from the network company of the opposite party.   Further the contention of the opposite party is that the Sim card / Data card has been hired by the complainant on 17.02.2014 for the usage till 20.02.2014 after duly signed the agreement with mutually agreed tariff plan i.e. customer agreement form with credit card as payment mode.  The Sim card /Data Card was delivered to the complainant on 17.02.2014 bearing Sim Card / Data Card No.559894060.  Due service also provided by the opposite party through the network provider of the country.  When the complainant raised the non-functional service due to technical glitch connectivity through his email dated:18.02.2014 it was resolved by the opposite party immediately. After resolving the email request the complainant used the data is 304424 KB (i.e. 297.28 MB) downloaded on 18.02.2014 without any interruption which was not at all disputed in this case.  The requests of the complainant regarding itemwised bill also duly furnished and produced in this Forum.  The complainant has not disputed the item wise bill.  The only contention of the complainant is that due to slow data connection he was not able to use the data card during the meeting with the customers and Senior Executive.  But there is no document.  The allegation of deficiency in service and unfair trade practice are imaginary.  There is no deficiency in service and unfair trade practice on the side of the opposite party.  Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 10^th day of July 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	18.02.2014	Copy of email intimation from Narayanan to Matrix Cellular on the data card not working
Ex.A2	18.02.2014	Copy of email from Narayanan to Matrix Cellurar that he received a message at 07.42 a.m. UAE time that even before I started using the data card it is showing that the total monthly allowance has been exhausted
Ex.A3	18.02.2014	Copy of email from Matrix Cellular to Narayanan apologizing for the non-functioning of the data service
Ex.A4	22.02.2014	Copy of email from Narayanan to Matix Cellular expressing his displeasure that the data card did not work in UAE for two days and sharing the notification screens on the non-working of the data card as an attachment with the email
Ex.A5		Copy of document with the notification screens on the non-working of the data card that was sent to Matrix as attachment on 22.02.2014
Ex.A6	22.02.2014	Copy of email acknowledgement form Matrix to Narayanan for the email sent on 22.02.2014
Ex.A7	22.02.2014	Copy of email from Matrix to Narayanan agreeing that there was a network problem and because of which, the data services was not available.   Also, there was a communication on reverse of the rental
Ex.A8	08.03.2014	Copy of email from Narayanan to Matrix sales executive informing of the wrong billing
Ex.A9	08.03.2014	Copy of email from Narayanan to Matrix Sales Executive requesting reversal of the bill
Ex.A10	10.03.2014	Copy of e-mail from the Matrix Cellular to Narayanan acknowledging the issues with Matrix Dubai Data card connection and requesting time to investigate the revert
Ex.A11	10.03.2014	Copy of email from Narayanan to Matrix Cellular that in spite of Matrix agreeing to reverse the bill, Matrix cellular is trying to swipe the Narayanan’s credit card for Rs.15,000/-
Ex.A12	10.03.2014	Copy of email from Matrix Cellular to Narayanan acknowledging the issues with Matrix Dubai Data card connection and requesting time to investigate the revert
Ex.A13	19.03.2014	Copy of email from Narayanan to Matrix Cellular requesting response to the issue reported
Ex.A14	19.03.2014	Copy of email from Matrix to Narayanan while all along Matrix had agreed that there was issue with the data card, suddenly Matrix communicates that thought the data card did not work, the bill is correct
Ex.A15	28.03.2014	Copy of email from Narayanan to Matrix following up the conversion with Matrix to resolve the billing issue
Ex.A16	29.03.2014	Copy of email from Matrix to Narayanan requesting time to resolve the billing issue
Ex.A17	08.04.2014	Copy of email from Matrix to Narayanan Matrix team serves a legal notice when as a customer; Narayanan is genuinely involved in trying to resolve the issue
Ex.A18	08.04.2014	Copy of email from Narayanan to Matrix protesting the legal notice serving while Matrix team is still taking time in resolving the dispute and that no one has bothered to call the Narayanan back, though the matrix team had agree to revert back to the Narayanan
Ex.A19	16.04.2014	Copy of email from Narayanan to Matrix asking for the revert that was promised during the call on 29.03.2014
Ex.A20	02.05.2014	Copy of email from Narayanan to Matrix- requesting status of the consumption verification and asking for itemized billing and detailed report.  Narayanan makes it clear of the intentions that he does not want to owe money to anyone, if it is reasonable
Ex.A21	02.05.2014	Copy of email from Narayanan to Matrix Again asking for itemized billing in response to email from Matrix on 02.05.2014 that they “will not be able to provide any data charges itemization”.
Ex.A22	09.07.2013	Copy of E-invoice form matrix for a data charges during a similar 3-day package in Jun 2013.  This is the highest data cost for similar 3-day UAE data package paid by Narayanan to Matrix in the past.  It is important to remember that data plan costs have been only getting reduced with time.
Ex.A23	02.05.2014	Copy of proof of online payment made by Narayanan to Matrix account for Rs.4,700/- on 02.05.2014
Ex.A24	06.05.2014	Copy of confirmation from Matrix that Narayanan has paid Rs.4,700/-.
Ex.A25	02.06.2013	Copy of email from Narayanan to Matrix on the non-functioning of the UAE data card during trip made in June 2013 and related trail emails (3 pages)
Ex.A26	17.09.2013	Copy of email from Narayanan to Matrix on the non-functioning of the Malaysia data card during the trip made in Sep 2013 and the related trail emails (3 pages)

 

OPPOSITE PARTY SIDE DOCUMENTS:-  

Ex.B1	17.02.2014	Copy of Customer Agreement Form
Ex.B2		Copy of Tariff Sheet
Ex.B3	28.02.2014	Copy of Bill (Front sheet)
Ex.B4	28.02.2014	Copy of itemized bill (Itemized sheet)
Ex.B5	08.04.2014	Copy of Demand notice
Ex.B6	22.03.2016	Copy of account ledger (statement of account of the complainant)

 

 

                              

MEMBER                                                                                PRESIDENT