DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.515 of 2018

                                                   Date of institution:  07.05.2018

                                                   Date of decision   :  30.06.2020

Naveen Kumar son of Shri Rameshwar Dass,  resident of House No.496, Phase-6, Mohali, Punjab-160055.

…….Complainant

Versus

1.     Reliance Communications Ltd., D-148, Phase-8, Industrial Area, Mohali 160071.

2.     Independent TV Limited, H-67, H Block, Sector 63, Noida, Uttar Pradesh 201301, through General Manager/Authorised signatory.

……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:   Mrs. Natasha Chopra, Presiding Member

                Shri Inderjit, Member

Present:    Shri Manoj Kumar Rohilla, counsel for the complainant.

                OP No.1 given up on 25.06.2018.

        OP No.2 ex-parte.

Order by :-  Mrs. Natasha Chopra, Presiding Member.

Order

                Complainant after going through advertisements published by the OPs in newspapers and flashed through website, booked one DTH connection by paying Rs.499/- as pre booking amount. As per the scheme, Rs.1,999/- payable for  this DTH connection was refundable. Besides pre booking amount of Rs.499/-, Rs.1,500/- were payable at the time of installation of DTH Connection. Rs.250/- were more payable as installation charges. As per assurance through advertisements, installation of the connection was to take place within 30 to 45 days of booking. However, despite payment of booking amount of Rs.499/- on 04.03.2018, this connection was not installed within the stipulated period of 30 to 45 days and as such complainant contacted OP through helpline as well as through telephone for installation of said connection. The executives of OPs told to complainant that he should wait for some more days because maximum period for installation is of 45 days. Even after expiry of 45 days period, response from OPs was not received and that is why complainant again contacted OPs through helpline number many times. Even emails were sent to OPs for requesting to install the connection, but to no effect. Non installation of connection for long time caused mental agony and harassment. This act of OPs amounts to deficiency in service on part of OPs and hence this complaint is filed for seeking refund of paid amount of Rs.499/- with cost alongwith compensation for mental agony and harassment of Rs.60,000/- and litigation expenses of Rs.10,000/-.

2.             Counsel for complainant suffered statement on 25.06.2018 that he does not want to claim any relief against OP No.1 and accordingly gave up OP No.1 from the array of OPs. OP No.2 is ex-parte in this case.

3.             Complainant, to prove his case, tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-4 and thereafter his counsel closed evidence.

4.             Oral arguments heard and record gone through.

5.             After going through advertisement Ex.C-1, it is made out that pre booking charges of Rs.499/- were payable for installation of DTH connection. Maximum duration for installation given as 30 to 45 days in this clipping of advertisement Ex.C-1 and as such we agree with the contentions raised by the counsel for complainant that after deposit of pre booking charges of Rs.499/-, OPs were required to install DTH connection within 30 to 45 days of payment of such pre booking charges.  However, OPs failed to install DTH connection despite issuance of emails Ex.C-2 and Ex.C-4. As the assured services of installation of connection not provided and as such there is deficiency in service on part of OPs, which caused mental agony and harassment to the complainant.  

6.             Complainant has given up his claim against OP No.1 and as such no liability can be fastened upon OP No.1.

7.             As a sequel to above discussion, complaint allowed ex-parte against OP No.2 in terms that OP No.2 will refund pre booking charges of Rs.499/-  to the complainant alongwith interest @ 9% per annum from the date of booking i.e. 04.03.2018 till actual refund. OP No.2 is also directed to pay compensation for mental agony and harassment to the tune of Rs.4,000/- (Rs. Four Thousand only) and litigation cost of Rs.3,000/- (Rs. Three Thousand only) to complainant within 30 days from the date of receipt of certified copy of order, failing which the OP No.2 will be liable to pay interest @ 7% per annum on these amounts from today onwards till payment.

                Arguments were heard on 29.06.2020 and the order was reserved. Now certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

June 30, 2020

(Mrs. Natasha Chopra)

Presiding Member

(Inderjit)

Member