| ORDER | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Complaint No. CC/15/49 of 2.3.2015 Decided on: 12.05.2015 Amarjeet Singh, HIG-744, Housing Board Colony, Urban Estate, Patiala. ….......Complainant Versus Reliance Communications Ltd., Leela Bhawan Market, Adjoining Gopal Sweets, Patiala. ….......Op Complaint under Section 12 of the Consumer Protection Act. QUORUM Sh.D.R.Arora, President Smt.Neelam Gupta, Member Smt.Sonia Bansal, Member Present: For the complainant: In person For Op : Ex-parte ORDER D.R.ARORA, PRESIDENT - It is alleged by the complainant that he is the consumer in respect of “Pre-paid wireless net mobile service” of the Op for the last about 1 ½ year before the filing of the complaint. The service is being provided by the Op against payment made for a period of six months. He got the connection renewed thrice during the said period. Lastly he got the same renewed by making the payment of Rs.3146/- vide receipt No.11-12/PTL/6705961 dated 13.9.2014 for a period of six months.
- It is further averred that the net work functioned barely for 2-3 days and thereafter it used to display the message as, “connection failed”. The connection is not functioning since 3.10.2014 and the fault has been continuing till date.
- The complainant visited the office of the Op personally for more than 10 times and in the meantime he had also written letters to the office of the Op. He even made phone calls through his mobile phone to the dealing hand having mobile phone No.85912-70008. He was informed that the net was not functioning because of his address verification problem. At this he stated that he had availed the services from 17.4.2013 to 16.10.2013 and again from November/2013 to April/2014 and lastly he got the connection renewed on 13.09.2014. Even then he had submitted fresh photograph and proof of his address on 13.9.2014.He further stated that he is residing at the address given in the complaint since 1996 and he had every type of proof, such as driving licence, voter’s ID card, passport, bank pass book, title deed of the house and Aadhar card and that they could get the fresh documents and get the FI done. However, the officials of the Op informed the complainant that the fresh documents were not required and that they will get the matter rectified. He even requested the officials of the OP at Patiala that if they were not in a position to rectify the matter his amount be refunded but it was their reply that the amount could not be refunded. He was however, disclosed by the officials that they were making all efforts by way of sending e-mails to their higher authorities and that his letters had also been sent to them but they were not responding. He was also given the mobile phone No.85919-18212 of the Area Manager and the complainant brought the matter to his notice, but he too appeared to have taken the matter casually and no steps were taken by him to rectify the problem.
- It is further averred that the complainant sent e-mails to the office of the company at Reliance Customer Care through e-mail Id rcom.ccmteam@reliance ebill.com on 30.10.2014 and the said e-mail seems to have failed as also other e-mails of 3.11.2014 and 29.12.2014. He also reminded the officials of the Op at Patiala that he is practising as a Chartered Accountant and was facing lot of difficulties and he could not execute his work on-line in respect of taxation work and professional work. He was in the dire need of the ‘wireless internet services’. The non-functioning of the system resulted into the loss of time and money. He had to visit the nearby Ciber cafes and had to outsource his work in order to avoid the delay in respect of his services to his clients but to no effect. Accordingly the complainant has brought this complaint against the Op under Section 12 of the Consumer Protection Act,1986 ( for short the Act) for a direction to impose a penalty of Rs.62920/- i.e. 20 times of the advance payment of Rs.3146/- made by him and to award any other relief deemed fit in the circumstances of the case so as to severally punish the Op.
- The notice of the complaint was given to the Op, who made a refusal to accept the same. Then the service was got effected upon the Op by way of affixation but even then none appeared on behalf of the Op .As such the Op was proceeded against exparte.
- In the exparte evidence, the complainant produced in evidence Ex.CA, his sworn affidavit alongwith documents Exs.C1 to C13 and closed his evidence.
- The complainant failed to file the written arguments. We have heard the complainant in person and gone through the evidence on record.
- Ex.C1 is the copy of the receipt No.11-12/PTL6705961 dated 13.9.2014 for Rs.3146/- issued by the op in favor of the complainant in respect of phone No.9023822109 towards six months’ advance, which as per the case of the complainant was the renewal fee in respect of his pre-paid wireless net mobile service.
- Ex.C5, is the copy of the letter dated 12.11.2014 sent by the complainant to the Manager, Reliance Communication Limited, Leela Bhawan Market, Patiala i.e. the Op on the subject: Non functioning of my net mobile Dongle No.9023822109” having explained that he had made the advance payment of Rs.3146/- vide receipt No. 11-12/PTL6705961 dated 13.9.2014 for a further period of six months. The number worked for 2-3 days. Thereafter, the message displayed was, “connection failed” and that the position was continuing since 3.10.2014. He had received the message that the payment was due although he had made advance payment.Ultimately, it was submitted that he had requested for the refund of the amount in case they could not rectify the problem but he received the reply that the amount could not be refunded. The said letter was sent by the complainant through courier namely Manmeet Enterprises, Shere-e-Punjab Market, Patiala, as would appear from the receipt Ex.C7. The complainant sent another application/complaint in this regard on 29.1.2014 in the form of Ex.C6 again through the aforesaid courier, the copy of the courier receipt being Ex.C8. The application/complaints were also sent to the authorities of the Op at Chandigarh and Mumbai as would appear from the courier receipts Exs.C9 and C10 dated 29.12.2014. Exs.C11 and C12 are the e-mails dated 30.10.2014 and 3.11.2014 sent by the complainant to the Reliance Customer through its ID
- Despite the Op having been got served with the notice sent against it , it has chosen not to contest the complaint of the complainant. The complainant has supported the allegations made in the complaint vide his sworn affidavit, Ex.CA. There is no reason to disbelieve the complainant with regard to the averments made by him that his internet connection i.e. dongle No.90238-22109 had not worked since 3.10.2014 after he got the same renewed on 13.9.2014 because he pursued the matter by taking the steps by way of writing the letters and sending the e-mails but the same had fallen on the deaf ears of the Op. In that way, it would appear that the Op failed in providing the services to the complainant in respect of dongle No.90238-22109 for which the Op charged Rs.3146/-vide receipt No.6705961 dated 13.9.2014, Ex.C1 and the same amounts to deficiency in service on the part of the Op .The failure on the part of the Op to rectify the problem and in the absence of the same to refund the service charges resulted into the harassment and the mental agony experienced by the complainant. We, therefore, accept the complaint and direct the Op to refund a sum of Rs.2796/-(3146-350=2796) after adjusting the charges for a period of 20 days with interest @9% per annum from the date of the letter, Ex.C5 i.e. 12.11.2014. In view of the facts and circumstances of the case, the complaint is accepted with costs assessed at Rs.5000/-, which is inclusive of the amount of the compensation on account of the harassment and the mental agony experienced by the complainant. The order be complied by the Op within one month on receipt of the certified copy of the order.
Pronounced Dated:12.05 .2015 Sonia Bansal Neelam Gupta D.R.Arora Member Member President | |
