Tamil Nadu

South Chennai

CC/292/2016

G.Baskar - Complainant(s)

Versus

M/s.Raaj Internet (I) Private Ltd - Opp.Party(s)

M/s.Sampath Kumar Associate

16 Feb 2017

ORDER

                                                                        Date of Filing :   22.08.2016

                                                                        Date of Order :   16.02.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : 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.292/2016

THURSDAY THIS  16^TH  DAY OF FEBRURAY 2017

 

Mr. G. Bhaskar,

No.15/8, Muthu Street,

Mylapore,

Chennai 600 004.                                                        ..Complainant

                                              ..Vs..

 

M/s. Raaj Internet (I) Private Limited,

Rep. by its Managing Director,

High Gate, NO.153E,

Santhome High Road,

R.A.Puram, Chennai 600 028.                                  ..Opposite party.

 

For the Complainant                   :    M/s. Sampathkumar & Associates     

For the opposite party                 :    Exparte.

 

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

 This complaint is filed by the complainant against the opposite party to refund a sum of Rs.3414/- being subscription with interest and also to pay a sum of Rs.50,000/- as compensation for mental agony and also to pay cost of the complaint.

 

 

The averment of the complaint are brief as follows:

        The opposite party is carrying on business in providing Broad band connections.   The complainant applied for broad band connection from the opposite party  which was activated on 2.1.2016 for which he paid a sum of Rs.3,414/- towards subscription for six months on 31.12.2015 from the date of function the broad band was not at all working properly especially during weekends i.e Saturday and Sunday.  The internet gets reconnected again automatically on Monday.   Therefore the complainant was not able to use the internet during the busy days of weekends. 

2.     The complainant complained the above said problem to the opposite party over phone on several  times but there was no response and the customer care also did not care to take the compliant of the complainant.   On 4.4.2016 the complainant visited the opposite party’s office at Santhom Branch, met a technical engineer and explained the issue and requested him to resolve the problem immediately.    The complainant also expressed that he was not satisfied with the service of the opposite party and requested to de-activate the broad band connection and refund the balance amount.  

3.     As per the direction the complainant also sent email to deactive the connection for which the opposite party also assured that it will be deactivated within 24 hours and the balance amount will be refunded in next forty five days.   But till date there is no response from the opposite party, again on 5.4.2016 and 6.4.2016 the complainant met the Technical Engineer of the opposite party and requested to deactivate and refund the amount.   But surprisingly the said engineer informed that it was not possible to deactivate because the complainant is using prepaid connection.    So the complainant again lodged a complaint on 7.4.2016 for which the opposite party also sent a message that the issue will be resolve shortly.  But the opposite party failed to keep up its promise.    Hence the complainant sent a letter to the opposite party on 23.4.2016 and also legal notice on 5.7.2016 to refund the entire amount of Rs.3414/- but the opposite party failed to refund the said amount,  inspite of receipt of legal notice.   Therefore the act of the opposite party amounts to gross deficiency in service and unfair trade practice and also they are liable to compensate him for the mental agony caused to him.  Hence the complaint is filed.

4.     Inspite of receipt of notice the opposite party did not appear before this forum and therefore they were set exparte.

5.     Though the opposite party remained expate this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

6.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to Ex.A7  are marked. 

7.      At this juncture the point for consideration before this Forum is:

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

 

2. To what other reliefs, the complainant is entitled for?

 

8.  POINT No. :1

              On perusal of the complaint and proof affidavit of the complainant it is seen that the complainant obtained broad band connection from the opposite party on 2.1.2016 and paid sum of Rs.3414/- towards subscription for six months on 31.12.2015 which is evidenced from Ex.A1.   

9.     The grievance of the complainant is that broad band connection was not at all working properly especially during weekends i.e. Saturdays and Sundays and gets reconnected again automatically on Monday.   Therefore he was not able to use the internet during busy days of weekend.    Inspite of several complaints given to the opposite party and also personal visit to the office of the opposite party to deactivate the broad band connection  they assured that it would be done within 24 hours  on sending the email to them.   Accordingly when the complainant sent email to deactivate the connection it was not done but the engineer replied that it was not possible to deactivate because the complainant was using prepaid connection.    Therefore the complainant lodged complaints and issued legal notice  which is also evidenced through Ex.A3, Ex.A4, Ex.A6 & Ex.A7 but there was no reply on the part of the opposite party.  

10.    The complainant also raised grievance that the opposite party did not care to solve the problem and refund the amount as promised by them  and due to the act of the opposite party the complainant had suffered mental agony and hardship.  

11.    It is seen from the documents on record that the complainant had sent several emails to the opposite party expressing his grievance.   It is the duty of the opposite party to give the broad band connection on all the days.    Whereas it is seen that the broad bond connection was not working on weekend.    It is also found that inspite of complaint received from the complainant the opposite party failed to deactivate the connection and also failed to refund the amount. 

12.    It is also pertinent to note that the opposite party had neither complied the request of the complainant to refund the subscription amount nor chosen to send any reply for the letters and legal notice.     Thus it clearly shows that the opposite party had committed deficiency in service.   

13.    Therefore this forum is of the considered view that the complainant has proved the deficiency of service on the opposite party by means of relevant evidence beyond doubts.  Though sufficient opportunity was given the opposite party has not chosen to appear before this forum in order to refute the contentions of the complainant.   Therefore this forum can easily draw an adverse inference against the opposite party since there is no any contra evidence.  Thus point No.1 is answered.

14.   POINT NO.2.

As per decision arrived in point No.1 the complainant is entitled for refund of a sum of Rs.3414/- being the subscription amount paid to the opposite party.   Further it is also seen that due to the act of the opposite party the complainant suffered mental agony and hardship therefore the complainant is also entitled for a sum of Rs.5,000/- towards compensation and also a sum of Rs.5,000/- towards cost.  Thus point-2 is also answered accordingly.

          In the result, the complaint is allowed in part.  Accordingly the opposite party is directed to refund a sum of Rs.3414/- (Rupees Three thousand four hundred and fourteen only) being the subscription with interest at the rate of  12% p.a. from the date of this complaint i.e. 22.8.2016 to till the date of this order (16.2.2017) and also to pay a sum of Rs.5,000/- (Rupees five thousand only) towards compensation  for causing mental agony and hardship due to deficiency of service on the part of the opposite party and also to pay a sum of Rs.5,000/- (Rupees five thousand only) towards cost to the complainant.

          The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

        Dictated by the Member-I to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the  16^th  day  of  February  2017.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainant’s side documents:

Ex.A1- 31.12.2015         - Copy of receipt issued by the opposite party.

Ex.A2- 2.1.2016    - Copy of proof for activation of broadband connection.

Ex.A3- 4.4.2016    - Copy of email sent by the complainant to the opposite

                             party.

 

Ex.A4- 5.4.2016    - Copy of email sent by complainant to the opposite party.

 

Ex.A5- 7.4.2015    - Copy of reply email sent by the opposite party to the

                             complainant.

 

Ex.A6- 23.4.2016  - Copy of letter sent by the complainant to the opposite party

 

Ex.A7- 5.7.2016    - Copy of legal notice sent by the complainant’s advocate.

 

 

Opposite party’s side documents:   .. Nil.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.