Tamil Nadu

North Chennai

100/2014

Shyam Sundar.M,C/o.Mundalal Mookirn - Complainant(s)

Versus

Rep by its manager,Sistema Shyam Tele Services Ltd - Opp.Party(s)

R.V.Amarnath

11 Jul 2016

ORDER

                                                          Complaint presented on: 25.04.2014

                                                                Order pronounced on: 11.07.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 11^th  DAY OF JULY 2016

 

C.C.NO.100/2014

 

 

Shyam Sunder Mookim M,

C/o. Mandanlal Mookim,

B7, 3^rd floor, 2^nd Avenue,

(Near Police Station),

Anna Nagar East,

Chennai – 600 102

                                                                                    ..... Complainant

 

..Vs..

	Sistema Shyam Tele Services Ltd., Rep.by its Managing Director, AMBID IT Park, Second Floor, No.32, A & B, Industrial Estate, Ambattur.
	...Opposite Party

Date of complaint                                  23.05.2014

Counsel for Complainant                      : M/s. R.N.Amarnath

Counsel for   opposite party                    : M/s.Shivakumar and Suresh

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1. THE COMPLAINT IN BRIEF:

          The Complainant availed Internet Data Card Services from the Opposite Party on 27.11.2013. He paid a sum of Rs.999/- towards the Data Card. The Opposite Party assigned the MTS Data Card service No. 9150974435 and Account No. as 2807129424. The Complainant could not operate the Data Card from the very inspection due to Slow/Nil connectivity. The Complainant informed the defect to the Opposite Party. The Opposite Party replied that the connectivity will be alright if the Complainant uses a Wi-Fi adopter.  The Opposite Party has not provided Wi-Fi adopter inspite of the request made by the Complainant. The Opposite Party raised bill/invoice dated 01.12.2013 for the period 29.11.2013 to 30.11.2013 for a sum of Rs.60/- . Another invoice dated 01.01.2014 for the period from 01.12.2013 to 31.12.2013 for a sum of Rs.958/- inclusive of earlier bill.  Again a bill dated 01.02.2014 demanded a sum of Rs.998/-. In the meantime the Complainant paid the bill dated 01.01.2014 for a sum of Rs.958/- by way of e-payment on 23.01.2014. The Complainant sent a mail on 22.01.2014, complying that nil connectivity and failure to provide Wi-Fi adopter. However the Opposite Party raised another invoice for payment of monthly charges dated 01.02.2014. The Opposite Party sent another invoice dated 01.03.2014 requiring the Complainant to pay a sum of Rs.1900/- and also a mail dated 03.03.2014 to pay a sum of Rs.998/- within 48 hours to avoid disconnection. The Complainant sent a mail dated 04.03.2014 that the Opposite Party has not provided service as agreed. On the same day the Opposite Party replied they would rectify the defects. Inspite of several reminders no action was taken by the Opposite Party. However, he continued the demand  of the payment of Rs.1900/-.  The Opposite Party demanded the said sum through a notice dated 26.03.2014 the sum of Rs.1900/- and also by another letter dated 27.03.2014. The Opposite Party threatening legal action against the Complainant and the same caused mental agony to him. Hence the Complainant filed this Complaint claiming compensation for not providing service, mental agony with cost of the Complaint.

2. WRITTEN VERSION OF THE OPPOSITE PARTY IS IN BRIEF:

          The Complainant had purchased MTS card number 9150974435 on 27.11.2014 with a postpaid Tariff plan corp MIFI-REV B Unlimited 799-12GB (i.e 12GB Unlimited @ Rs.799/-) and monthly rental of Rs.799/- plus tax. It is further submitted that the invoice dated 01.12.2013 for Rs.60/- relates to the monthly rental for the period 29.11.2013 to 30.11.2013. With respect to the Complainant’s stating that “In the said invoice, charges is shown as 0.00” this Opposite Party states that as the Complainant had opted for the plan 12GB Unlimited @ Rs.799/- wherein the Complainant can use 12 GB every month and would be charged monthly rental of Rs.799/- plus Tax only and there would be no additional usage charges for the same and thereby the Usage Charges would be 0.00 for a unlimited postpaid plan and thereby there has been no mistake/wrong committed by this Opposite Party. This Opposite Party also states that the Usage charges will be reflected only for a limited postpaid plan and not for a Unlimited Postpaid plan. For the Invoice dated 01.01.2014 for the period 01.12.2013 to 31.12.2013, this Opposite Party has rightly billed the amount of Rs.985/- which has also be clearly described in the same invoice as monthly Rental at Rs.799/-. Service Tax at 12.36% as Rs.98.76/- and the unpaid amount for the period 29.11.2013 to 30.11.2013 as Rs.60/- the resulted amount payable by this Complainant as 799+98.76+60=957.76/- rounded off to Rs.985/-.This Complainant is eligible to use every month 12 GB and also liable to pay Rs.799/- plus tax as monthly rental and the data card had been purchased on the same terms as per the availed plan.  The Complainant sent mail to an unmonitored mail box.  He is supposed to contact the customer care of the Opposite Party. The Complainant, complained about the issues i.e (1) Wi-Fi adopter not provided by the Opposite Party and (2) Billing for the slow/nil connectivity. For the first issue we replied by mail dated 08.03.2014 that “we are sorry to inform that we do not provide the Wi-Fi adopter and his request declined for the same”. In respect of second issue this Opposite Party “waived the outstanding amount for the Complainant on 31.05.2014”.  Therefore this Opposite Party has not committed any  Deficiency in Service and the claim made in the Complaint is not sustainable and prays to dismiss the Complaint. 

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what relief?

4. POINT NO :1 & 2

          It is an admitted fact that the Complainant availed the services of the Opposite Party in respect of Internet Data Card Services on 27.11.2013 and paid a sum of Rs.999/- towards the Data Cards and he was assigned the MTS Data Card service No. as 9150974435 and Account No. as 2807129424.

          5. According to the Complainant he complained about two deficiencies i.e (1) Wi-Fi adopter not provided by the Opposite Party and (2) Billing for the slow/nil connectivity and the bills provided also usage is nil only establishes there was no connection and hence the Data connection could not be used by the Complainant.

6. The Opposite Party replied that they were not providing Wi-Fi adopter and further the Complainant adopted for the plan 12 GB unlimited and hence the Complainant can use 12 GB every month and would be charged monthly rental of Rs.799 + tax and thereby usage charges would be 0.00 and hence the Complainant has not used internet connection is not acceptable.

7. The Complainant has not filed any proof to accept that the Opposite Party agreed to provide free Wi-Fi adopter to him. Therefore in the absence of same, it is held that failure to provide Wi-Fi adopter to the Complainant is not Deficiency in Service.

8. Ex.A2 to A38 and Ex.B1 to Ex.B5 are related to bills, e-mail correspondence between the parties are marked. The contention of the Complainant is that he never used internet connection due to  service has not been properly provided by the Opposite Party and he had filed this Complaint after issuing legal notice for Deficiency in Service. The Complainant himself admitted in the Complaint itself that the connectivity of the Wi-Fi adopter will set right the connection as stated by the Opposite Party. However, the Complainant has not used the Wi-Fi adopter. Therefore in that respect the Opposite Party cannot be faulted.  Further the bills raised by the Opposite Party have also been waived for the full outstanding amount of Rs.2748/- on 31.05.2014 before receiving first hearing notice in this case.  Even during pendency of case the Opposite Party counsel submitted that we have waived on 31.05.2014 all the arrears in respect of the bills and also assured that no further claim will be made from the Complainant by the Opposite Party in respect of the Data Card Connection.  Further, the Opposite Party also filed additional proof affidavit with no due certificate in respect of the Complainant account. The said no due certificate is marked as Ex.B7. Therefore, as per  Ex.B7 certificate  the Complainant has no due to pay any amount to the Opposite Party in respect of the Complainant Account No.2807129424. Since, the Complainant has no due to pay any amount to the Opposite Party in view of Ex.B7 certificate and it is further held that the Opposite Party has no right to claim any amount in respect of the above Account No. 2807129424, in the circumstances of the case discussed above, we hold that the Opposite Party is not liable for any Deficiency in Service and the Complainant is also not entitled for any relief in this Complaint and accordingly both the points are answered.

          In the result the Complaint is dismissed. No costs.     

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 11^th   day of July  2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 27.11.2013                   Payment receipt copy without mentioning amount

Ex.A2 dated 13.12.2013                   E- mail copy

Ex.A3 dated 22.01.2014                   E- mail copy

Ex.A4 dated 01.01.2014                   E- mail copy

Ex.A5 dated 23.01.2014                   E- mail copy

Ex.A6 dated 19.02.2014                   E- mail copy

Ex.A7 dated 04.03.2014                   E- mail copy

Ex.A8 dated 04.03.2014                   E- mail copy

Ex.A9 dated 03.03.2014                   E- mail copy

Ex.A10 dated 04.03.2014                 E- mail copy

Ex.A11 dated 08.03.2014                 E- mail copy

Ex.A12 dated 08.03.2014                 E- mail copy

Ex.A13 dated 07.03.2014                 E- mail copy

Ex.A14 dated 22.03.2014                 E- mail copy

Ex.A15 dated 20.03.2014                 E- mail copy

Ex.A16 dated 26.03.2014                 E- mail copy

Ex.A17 dated 26.03.2014                 E- mail copy

Ex.A18 dated 27.03.2014                 E- mail copy

Ex.A19 dated 13.12.2013                 Copy

Ex.A20 dated 01.03.2014                 Copy

Ex.A21 dated 01.12.2013                 Invoice for a period  from 29.11.2013

Ex.A22 dated 01.01.2014                 Invoice for a period from 1^st Jan-31^st Jan 2014

Ex.A23 dated 18.03.2014                 E-mail sent by MTS to demand of payment

Ex.A24 dated 13.08.2014                 Demand for overdue payment

Ex.A25 dated 11.09.2014                 Legal notice

Ex.A26 dated 11.09.2014                 Bill due date reminder

Ex.A27 dated 13.09.2014                 Bill due date reminder

Ex.A28 dated 29.09.2014                 Legal notice

Ex.A29 dated 09.01.2015                 Bill overdue reminder

Ex.A30 dated 10.01.2015                 Bill overdue reminder

Ex.A31 dated 12.01.2015                 Bill overdue reminder

Ex.A32 dated 14.01.2015                 Bill overdue reminder

Ex.A33 dated 11.04.2016                 Message received from Opposite Party

Ex.A34 dated 12.04.2016                 Message received from Opposite Party

Ex.A35 dated 16.04.2016                 E-mail received from the Opposite Party

Ex.A36 dated 18.04.2016                 E-mail received from the Opposite Party

Ex.A37 dated 21.04.2016                 Message received from the Opposite Party

Ex.A38 dated 23.04.2016                 E-mail received from the Opposite Party

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

Ex.B1 dated 01.12.2013                   Bill for the period of 29.11.2013 to 30.11.2013 

Ex.B2 dated 01.01.2014                   Bill for the period of 01.12.2013 to 31.12.2013

Ex.B3 dated 01.02.2014                   Bill for the period of 01.01.2014 to 31.01.2014

Ex.B4 dated 01.03.2014                   Bill for the period of 01.02.2014 to 25.02.2014

Ex.B5 dated 01.05.2014                   Bill for the period of 06.04.2014 to 30.04.2014

Ex.B6 dated 31.05.2014                   Computer generated report for waiver for full  

                                                Outstanding amount processed on 31.05,2014

Ex.B7 dated 03.05.2016          No due certificate                            

 

MEMBER – II                                                               PRESIDENT