Tamil Nadu

South Chennai

CC/102/2017

Rajesh - Complainant(s)

Versus

Raaj Inernational Private Ltd - Opp.Party(s)

Rajesh P.R

03 Apr 2018

ORDER

     Date of Filing :  25.04.2017

                                                                        Date of Order :  03.04.2018

DISTRICT CONSUMER DISPUTES 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.102/2017

                                                                    TUESDAY THIS  3^rd DAY OF APRIL 2018

 

Rajesh,

No.17/47, Chinna Kuzandai 1^st Street,

Perambur North,

Chennai – 600 011.                                                         .. Complainant

                                                       ..Vs..

 

RAAJ INTERNET PRIVATE LIMITED,

Rep by The Manager,

High Gate 153 E, Santhome High Road,

R.A. Puram,

Chennai – 600 028.                                                     .. Opposite party.

 

For Complainant                   :    Party in person

Counsel for Opposite party      :    Exparte.

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 seeking direction to remove all fake advertisement board installed by the opposite party in and around Perambur area, to refund the subscription fee of the complainant with interest, to refund the subscription fee of all other consumers scammed by the opposite party with interest, to pay a sum of Rs.50,000/- towards compensation for physical strain, to pay documentation fees of Rs.1,000/-, todirect the oppositeparty to make prompt reply to the consumer calls, e-mails etc and to pay travelling and compensation charges of Rs.1,000/- for each person who will be produced before this Forum as witness by the complainant with cost.

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

         The complainant submits that he paid Rs.1,304/- to the opposite party’s  representative with necessary documents like ID proof, address proof and photo at his residence.  The complainant received cash receipt dated:14.10.2016 from the opposite party.  The complainant received a verification call and sms to his registered mobile number from the opposite party on 18.10.2016 intimating him that his application is under process and he will be given service within a period of one week.  The complainant found that the opposite party was not taking action to provide him service and he tried to contact the opposite party through their customer care number 044-71551454 ended in vain.   Then the complainant sent two reminder mails to the opposite party.  The opposite party promised to give connection in 2 days each time but did not make any effort.  Then the complainant send 2 mails along with the bill copy on 07.11.2016 & 11.11.2016  requesting to refund his subscription amount and there was no response from the opposite party.  Then the complainant sent a notice through registered post to the head office of the opposite party dated:18.11.2016 and till date the opposite party has neither responded nor taken any action to refund the said amount.  Hence the complaint.

2.     Mr. Prem Anand, Counsel for the opposite party, initially filed Vakalat but failed to file the written version and therefore, the opposite party was set exparte.  

3.     Though the opposite party remained exparte, this Forum wants to dispose this compliant fully on merits with available materials records before this Forum. 

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

5. The point for consideration is:-

1. Whether the complainant is entitled to refund the subscription fee of Rs.1304/- with interest as prayed for?

2. Whether the complainant is entitled to a sum of Rs.50,000/- towards mental agony with documentation charges of Rs.1,000/- and travelling expenses of Rs.1,000/- as prayed for with cost.

6. On point:

The opposite party remained Exparte.   The complainant after filing proof affidavit has not preferred to file either written arguments or turned up to advance the oral arguments. The contention of the complainant is that the respondent made huge advertisement in the  area of the complainant  stating high speed internet service on low rate.  But the complainant has not produced any record to prove such contention.  Further, the contention of the complainant is that due to the attractive advertisement he has paid a sum of Rs.1,304/- towards subscription fees along with necessary document viz ID proof, Address proof and photo.   The opposite party has also issued the cash receipt bill Ex.A1.  Further the contention of the complainant is that he had received the verification call and SMS on 18.10.2016 intimating that his obligation is under process and he will be given service within a period of one week.  But no  document for the receipt of SMS has been produced before this Forum.  Further, the contention of the complainant is that since the opposite party has not taken proper action to provide service he tried to contact the Customer Care No.044 71551454 which ended in vain and the complainant also sent remainder mails Ex.A4 & Ex.A7 on different dates to the opposite party which were also not responded.     

7. Since the opposite party has not responded to the request of the complainant, the complainant was constrained to issue notice on 18.11.2016, Ex.A2 which was received by the opposite party.  Since the opposite party has not given the internet connection and has not responded the request made by the complainant, the complainant was constrained to file this case for such unfair trade practice.  But on careful perusal of Ex.A1, receipt there is nothing about the purpose of payment of Rs.1,304/- and  the complainant has not explained the reason for that.  Equally, the complainant has not produced any record to prove that he has applied for high speed internet connection of the opposite party.  In Ex.A2, notice, the complainant pleaded that “I had made a booking for new connection through your company representative A. Rajesh (mobile No.8939981181) on 14.10.2016.  I made payment of Rs.1,304/- as subscription and received the bill”.  But the complainant has not added the said Mr. Rajesh as a party to this case who has received the amount and issued the bill.   Without  mentioning, the purpose in Ex.A1, bill there is no seal of the company.  On considering the  facts and circumstances of the case, this Forum is of considered view that the complainant has not proved the deficiency of service and unfair trade practice of the opposite party and thus the points are answered accordingly.

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  03^rd day  of  April 2018. 

 

 

 MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 14.10.2016         - Copy of cash receipt.

Ex.A2- 18.11.2016         - Copy of notice of the complainant to the opposite party.

Ex.A3- 19.11.2016 – Postal acknowledgement for the receipt of the notice.

Ex.A4 – 24.10.2016 – E-mail of the complainant to the opposite party.

Ex.A5 – 26.10.2016 – E-mail of the complainant to the opposite party.

Ex.A6 – 07.11.2016 – E-mail of the complainant to the opposite party.

Ex.A7 – 11.11.2016 – E-mail of the complainant to the opposite party.

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

 

MEMBER-I                        MEMBER-II                             PRESIDENT