Com.No.1718/2007 This is a complaint filed U/Sec.12 of the Consumer Protection Act, 1986 claiming refund of Rs. 699/- with interest and Rs.10,000/- as compensation. Notice was issued to opposite party. The opposite party put in appearance and filed defense version. Affidavit evidence also filed. Arguments Heard. REASONS The admitted facts of the case are that, the complainant is a practicing advocate has paid Rs.699/- for broad band connection. This amount has been paid through cheque on 26/5/2006, but the complainant was not able to get the Tata Broad Band connection even after 1 year 2 months from the date of payment. Legal notice was issued to opposite party and reply was not sent. Therefore, the complainant was posed to file the complaint. The opposite parties forwarded a cheque for Rs.699/- under covering letter dated 29/9/2007. The opposite parties have also given a cheque dated 23/11/2007 for a sum of Rs.121/- towards the interest on the principle amount. The complainant had received both the cheques. So, in view of the repayment made by the opposite parties the matter has been settled. The complainant has got the money back with interest. The complainant has prayed for grant of Rs.10,000/- as compensation and Rs.500/- towards costs of the litigation. On the facts and circumstances of the case, it is not the case to grant compensation. The opposite parties have explained in the version that due to network and connectivity problem they were not in a position to give internet connections to the complainant. So, under these circumstances, it would not be fare and proper and reasonable to grant compensation to the complainant in this case. The complainant has paid the amount on 26/5/2006. The opposite parties did not convey the information that they were not in a position to give internet services due to network problem. The opposite party before accepting the money from the complainant should have looked into feasibility and network and connectivity problems etc.,. Therefore, to this extent there is a deficiency in service on the part of the opposite party. However, the opposite parties after realizing the mistake refunded the amount with interest. So, the complainant posed to approach the Forum for getting the redressal. C.P Act is enacted to protect the better interest of the consumers. The said act is a social and benevolent legislation intended to protect the interest of consumers from exploitation. Therefore, it would be just fare and proper to order the opposite party to pay costs of Rs.500/- to the complainant. In the result, I proceed to pass the following:- ORDER The complaint is disposed off since the amount has been refunded with interest. However, the opposite parties are directed to pay a sum of Rs.500/- towards costs of the present proceedings. The amount shall be send to the complainant directly by way of cheque or D.D with intimation to this Forum. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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