Tamil Nadu

South Chennai

CC/171/2014

M/s.Vamaja Engineering Pvt Ltd., - Complainant(s)

Versus

M/s.Bharathi Air tel Ltd., - Opp.Party(s)

M/s.K.Senthil Kumar

05 Sep 2017

ORDER

                                                                        Date of Filing :  30.01.2014

                                                                        Date of Order :  05.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

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

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.171/2014

TUESDAY THIS 5^TH DAY OF SEPTEMBER 2017

 

M/s. Vamaja Engineering Private Limited,

Rep. by its Authorized Signatory,

Mr.G.Varma,

No.2, 1^st Cross Street,

Achuthan Nagar,

Ekkatuthangal,

Chennai 600 032.                                                  .. Complainant

                                        ..Vs..

 

1. M/s. Bharti Air Tel Limited,

Rep. by its Authorized Person,

Circle Office,

No.11/1, 12/1,

West “a” Wing,

Maruthi Infotech Centre,

Amarjothi Layout, Domlur,

Bangalore – 71.

 

2. M/s. Bharti Air Tel Limited,

Rep. by its Authorized Person,

City Office,

Oceanic Towers,

6^th Floor No.101,

Santhome High Road,

Sathome, Chennai 600 028.                              .. Opposite parties.

 

Counsel for Complainant          :    M/s. K.Senthil Kumar & another   

Counsel for opposite parties     :    M/s. Shivakumar and Suresh     

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.2,00,000/- towards mental agony and hardship and to pay a sum of Rs.17,00,000/- towards the monetary loss and to pay cost of the complaint.

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

         The complainants submit that  he is a Private Limited Company registered under the Company Act.  The complainant is the Authorized stockiest of L& T Valves and authorized distributor  of ITT Gloulds Pumps.   The complainant’s company availed land line mobile, Broad Band and DTH from the opposite party for their business purpose.     The land Line Telephonbe No.04449495050, Account NO.7005841776 the complainant is using the telephone service of the opposite party since August’2012.    The complainant further submit that he used the telephone connection for his business purpose.    During the last week of July 2013 the Customer Care Executive of the 2^nd opposite party had contacted complainant’s Executive Director Mr.Varma and informed that they had received an email from the complainant with a request to deactivate the complainant’s telephone No.04449495050.    On 2.8.2013 to shock and surprise the said telephone connection of the complainant was disconnected.   Repeated request made by the complainant the opposite parties was not responded.         As such the act of the opposite parties clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2. The brief averments in Written Version of  the opposite parties    are as follows:

        The opposite parties denies each and every allegation except those that are specifically admitted herein.  The opposite parties submit that   the present complaint is not maintainable before this forum as the complaint has been filed by the company namely M/s. Vamaja Engineering Private Limited registered under the Company Act 1956.   The complainant availed the service of the opposite parties for commercial purpose also.    Therefore this complaint is liable to be dismissed.

3.      In order to prove the averments of the complaint, the complainant had filed proof affidavit as his evidence and documents Ex.A1 to Ex.A12 marked.  Proof affidavit of opposite parties filed and no documents  marked on the side of the opposite parties.  

4.   The point for the consideration is:  

          1. Whether the complainant is entitled to a sum of Rs.2,00,000/-

              towards mental agony as prayed for?.

2. Whether the complainant is entitled to a sum of Rs.17,00,000/-

     towards the monetary loss with cost as prayed for?

 

5. POINTS 1 & 2 :-

           The  complainant pleaded and contended that the complainant is a Private Limited Company registered under the Company Act.  The complainant is the Authorized stockiest of L& T Valves and authorized distributor  of ITT Gloulds Pumps.   The complainant’s company availed land line mobile, Broad Band and DTH from the opposite party for their business purpose.     The land Line Telephonbe No.04449495050, Account NO.7005841776.   The complainant is using the telephone service of the opposite party since August’2012.    The complainant’s business mainly depending upon  the telephone contacts.  The complainant used the telephone connection mainly for his business purpose.    During the last week of July 2013 the Customer Care Executive of the 2^nd opposite party had contacted complainant’s Executive Director Mr.Varma and informed that they had received an email from the complainant with a request to deactivate the complainant’s telephone No.04449495050.   Actually the complainant has not made any such request.   On 2.8.2013 to shock and surprise the said telephone connection of the complainant was disconnected.   Repeated discussion had with the employees of the 2^nd opposite party with regard to disconnection and deactivation entered in vain.  The complainant has not defaulted in payment.  The deactivation caused great loss and mental agony.   Hence the complainant is constrained to file this case claiming compensation towards mental agony and monetary loss.  

6.     The learned counsel for the opposite parties contended that the present complaint is not maintainable before this forum as the complaint has been filed by the company namely M/s. Vamaja Engineering Private Limited is a Company registered under the Company Act 1956.  The complainant availed the service of the opposite parties for commercial purpose also.  Hence the complaint shall  liable to be dismissed. 

7.     Further the learned counsel for the opposite parties contended that the allegation that the opposite parties without properly verifying the email of its customers and negligently deactivated the complainant’s telephone number is false.   On 7.8.2013 the complainant sent an email Ex.A4 on the basis of land line was disconnected.  Thereafter on receipt of email from the complainant due reply also sent and the opposite party restored the connection on 8.8.2013 which was admitted by the complainant. 

8.       The above facts proves that the complainant had availed the services of the opposite parties for commercial purpose only.   Therefore, the complainant is not a consumer as per Sec.2 (1) (d) (ii) of the Consumer Protection Act, 1986.  Considering the facts and circumstances of the case this forum is of the considered view that the  complaint is not maintainable before this Forum.   Therefore  complainant is not entitled for any relief as prayed for in the complaint and the points 1 & 2 are answered accordingly. 

                        In the result the complaint is dismissed.  No cost.

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  5^th    day  of  September  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

Ex.A1-  16.12.2013        - Copy of Board resolution.

Ex.A2-         -                - Copy of telephone bill.

Ex.A3- 7.8.2013             - Copy of email sent by the complainant to the

                                        2^nd opposite party.

Ex.A4- 7.8.2013             - Copy of reply email sent by 2^nd opposite party.

Ex.A5- 31.3.2013           - Copy of Balance Sheet.

Ex.A6- 31.3.2013           - Copy of Profit and loss account of complainant.

Ex.A7-         -                - Copy of commercial sale tax.

Ex.A8-         -                - Copy of commercial sale tax.

Ex.A9-        -                - Copy of Commercial sale tax.

Ex.A10- 26.8.2013                   - Copy of legal notice.

Ex.A11-       -                - Copy of Returned cover from the 1^st opposite party.

Ex.A12-       -                - Copy of Ack. Card for 2^nd opposite party.

Opposite party’s side document: -   .. Nil..

 

MEMBER-I                        MEMBER-II                             PRESIDENT.