| First Appeal No. A/507/2023 | | ( Date of Filing : 17 Mar 2023 ) | | (Arisen out of Order Dated 31/01/2023 in Case No. CC/157/2021 of District Bellary) |
| | | | 1. RELIANCE JIO INFOCOM LTD, | | Residing at 1st floor, More Super Market Upstairs, Opp: Vasavi school, Infantry Road, Ballari-583104. Rept by its Authorised signatory, | | 2. SRI. MOHMMED THABREZE, | | The Manager/Head, Reliance Jio Bellari District, Residing at 1st floor, More Super Market Upstairs, Opp: Vasavi school, Infantry Road, Ballari-583104. | | 3. SRI. SHARAABASAPPA S PATIL | | The Manager, Jio Fibernet Ballari, Residing at 1st floor, More Super Market Upstairs, Opp: Vasavi school, Infantry Road, Ballari-583104. | | 4. SRI. KUMAR, | | Jio Fibernet Sales Executive, Residing at 1st floor, More Super Market Upstairs, Opp: Vasavi school, Infantry Road, Ballari-583104. |
| ...........Appellant(s) | |
| Versus | | 1. SRI. K. M. SREEHARSHA, | | S/o K.M.Maheswaraswamy Major, Residing at No.MIG-4, KHB Colony, Moka Road Ballari-583103 |
| ...........Respondent(s) |
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| Final Order / Judgement | Dtd.01.04.2023 A/507/2023 O R D E R HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT - This is an appeal filed U/s.41 of CPA 2019 by OP.1 to 4/Appellants aggrieved by the order dtd.31.01.2023 passed in CC/157/2021 on the file of Ballari District Commission.
- The Commission examined grounds of appeal, impugned order, appeal papers and heard. Accordingly found satisfied to dispense with issuance of appeal notice.
- It is not in dispute that Complainant by recharging/paying Rs.2,474.46 availed services of the OPs for the continuous uninterrupted internet services from January 2021 to March 2021. However internet services were completely shutdown and no internet services supplied by the OPs even made all efforts by intimating the fact of interrupted services, disconnection and access to internet. OPs admitted the fact that the customers have been affected by interrupted services, but refused to hold deficiency in service on their part, as they have filed a complaint before jurisdictional police on 15.03.2021 stating that some unknown persons illegally disconnected RJIL owned optical fiber cables by cutting them causing disruption of services to the customers with the sole object causing damage to the assets and goodwill of the OP company. In this regard, the Commission below observed in para 13 as “That it is look out of the OPs to see that such kind of activities have to be supervised and inspected from time to time in order to give better services to the consumers uninterruptedly as the public ad subscribers were entirely depending upon internet service during Covid pandemic services. By mere filing police complaint against the unknown person of the locality the duty cast upon OPs does not absolve from its services”, as such held “OPs have failed to provide uninterrupted internet services to the Complainant even after receipts of tariff charges resulting inconveniencies caused to the Complainant and their family members for the entire 3 months and is nothing but deficiency in service which OPs have to compensate the Complainants” which does not call for any interference of this Commission for the grounds set out in the appeal. However, compensation awarded appears to be on higher side, which requires to be reduced. Accordingly we proceed to dispose of the appeal, reducing the compensation awarded of Rs.30,000/- towards deficiency in service and mental agony by the Commission below to Rs.5,000/- and rest of the award under order shall remain unchanged.
- The amount in deposit is directed to be transferred to the District Commission for needful.
- Notify copy of this Order to the District Commission and parties.
Lady Member Judicial Member President *NS* | |
