Date of Filing: 15.12.2010
Date of Order: 01.03.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20
Dated: 01ST DAY OF MARCH 2011
PRESENT
Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.
Smt. D. LEELAVATHI, M.A.LL.B, Member.
Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.
COMPLAINT NO: 2936 OF 2010
I. Vijayakumar
# 118, 5th Cross, 3rd ‘B’ Main
Someswara Nagar GKVK (P.O.)
Yelahanka Newtown
Bangalore 560065 Complainant
V/S
1. Nodal Officer
Tikona Digital Net Works
# 191, 1st Floor, Amar Jyothi Layout
Intermediate Ring Road
Near TVS Show Room
Domalur, Bangalore 560 071
2. Customer Service Head
Tikona Digital Net Works
# 3A, 3rd Floor, LBS Marg Bhandup (W)
Mumbai 400 0078 Opposite Parties
ORDER
By the President Sri S.S. Nagarale
This is a complaint filed by the complainant seeking refund of Rs. 500/- along with compensation for mental agony.
The facts of the case are that complainant taken internet connection on 29.07.2010 by paying Rs. 500/- through cheque. Company given the connection on 03.08.2010. After connection by next day on 04.08.2011 he faced problem. Net was disconnected without logout session. He called customer care on 05th August and requested to solve problem. The problem is once log in session within few minutes net was disconnected without logout session. He called the customer care and requested to resolve the problem. Complainant was mentally disturbed. Company cheated him. He approached National Consumer helpline. Problem is not solved. Without giving service the opposite parties were sending bills. Company had cheated the complainant. Therefore, the complainant prayed that he may be protected from the company and sought refund of Rs. 500/- with compensation.
2. The complainant has produced extract of bank statement. As per this document the cheque given by him to the opposite party had been honoured and sum of Rs. 500/- was credited to the account of the opposite party on 09.08.2010. Document is at Ex. C1. The case put up by the complainant has gone unchallenged. As per the details given by the complainant it has been established that opposite parties have committed deficiency of service in not providing proper service even though they have received Rs. 500/- from the complainant. The complainant has made several enquiries and lodged complaints with opposite parties about the problems faced by him. But, unfortunately the opposite parties have not taken any steps to resolve the problem. Therefore, the complainant is definitely entitled for the refund of the amount paid by him. The opposite parties cannot take the amount without giving proper service to the consumer. The complainant is receiving service bills from the opposite party. These bills are not proper and legal. Since, the opposite parties have not given proper service to the complainant the question of giving bills does not arise. Therefore, the complainant has to ignore the bills. The complainant’s prayer for refund of Rs. 500/- is quite justified and proper. In the result I proceed to pass the following:
ORDER
3. The complaint is allowed. The opposite parties No. 1 & 2 are directed to refund Rs. 500/- to the complainant within 30 days from the date of this order.
4. The complainant is also entitled for Rs. 500/- the cost of the present proceedings from the opposite parties.
5. The opposite parties are directed to send the amount of Rs.1,000/- to the complainant directly by way of cheque / D.D. with intimation to this forum.
6. Send the copy of this Order to both the parties free of costs immediately.
7. Pronounced in the Open Forum on this 01ST DAY OF MARCH 2011.
Order accordingly,
PRESIDENT
We concur the above findings.
MEMBER MEMBER
