DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.13/2017

Sh. Yateendra Singh Jafa

R/o 148 SFS Apts. Hauz Khas,

Aurobindo Marg, New Delhi-110016                                          ….Complainant

Versus

1.       Tata Tele Services Ltd.

          2-A, Old  Ishwar Nagar,

          Main Mathura Road,

          New Delhi-110065

2.       Tata Indicom Exclusive Store,

          G-8 South Extension Part-I,

          New Delhi-110049

3.       ams Consultants, 97, Savitri Nagar,

          Malviya Nagar, New Delhi-110017              ….Opposite Parties

                                                  Date of Institution        : 13.01.17                 Date of Order     : 09.10.18   

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Brief facts of the complaint in the nutshell are:-

1.  Complainant Sh. Yateendra Singh Jafa, aged 73 years contacted Tata Tele Services Ltd. (OP No.1) to buy a dongle. The complainant was told that Tata Photon Max Wifi Internet Service is  high-speed service which provided speed upto 9.8 Mbps. The advertisement by OP No.1 and Tata Indicom Exclusive Store (OP No.2) also claimed the same.  The complainant influenced by the recommendation made and the advertisement of OP No.1 & 2 decided to buy a dongle. The complainant purchased a Tata Photon Max Wifi dongle from ams Consultant (OP No.3) and the Tata Photon Wifi services were activated on 19.08.15.
   1. The complainant averred that from day one the internet service was extremely slow. The maximum speed on first day was 1.35 Mbps and subsequently the speed-tests ranged between 0.3 Mbps and 0.6 Mbps. The complainant sent this speed test report to OP No.3 with request to improve the speed as it was waste of time and energy to surf the Net with such slow speed.  The OPs failed to redress the grievance of the complainant despite repeated requests. Therefore, the complainant asked OP-1 to take back the dongle and refund his money.
   2. On 11.09.16 the wifi services completely failed. The complainant complained to Tata Customer Care and was told that the internet was not working as the Hauz Khas area where the complainant resides was digitally very congested.  The complainant was quite perturbed to hear this absurd excuse as almost all areas in Delhi are digitally very congested then why should OP No.1 falsely claim to “create your own wi-fi hotspot anywhere in Delhi. With Tata Docomo Photon Max Wi-Fi… the ultimate wireless solution for all the internet needs… Tata Photon Max wi-fi data card with high speed internet in Delhi/NCR.”
   3.  It is next averred that after exchanging lot of mail with the OP No.1 and OP No.3 and not finding any solution regarding slow speed of Tata Photon the complainant ultimately sent a legal notice to the OPs to buy back the dongle. Initially the OP No.1 refused but later the complainant was asked to deposit the dongle with Tata Indicom Exclusive Store, G-8, South Extn. Part-I, New Delhi. On 16.09.15 the complainant sent the dongle with the copy of the receipt and attested I.D. proof to the store but they refused to accept the same.
   4.  After having written various mails to the OPs and getting five speed tests done from technician when the matter was still not resolve the complainant approached this Forum to resolve the dispute with the following prayer:-

1. Full refund of money paid as price of dongle.
2. Payment of Rs.1,000/- as taxi fare for sending the dongle twice to OPs.
3. Monetary compensation of Rs.1 lac from OP No.1 & 2
4. Monetary compensation of Rs.50,000/- from OP No.3.

2. Notice was duly served upon the OPs but no one appeared on their behalf to contest the case of complainant hence OPs have been proceeded exparte vide order dated 09.10.17.
3. Complainant has filed exparte evidence by way of affidavit wherein he reiterates whatever is stated in the complaint. Written are also filed by the complainant. Complainant has supported his case by placing on record the following documents:-
   1. Invoice of Tata Photon Max Wi-Fi as Annexure-3.
   2. Various speed test reports, mails exchanged between the parties, two notices and reply thereof.
4. Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.
5. We have heard the arguments of the complainant and have also perused the material available on the record.
6. “Create your own wi-fi hotspot anywhere in Delhi. With Tata Docomo Photon Max Wi-Fi… the ultimate wireless solution for all the internet needs… Tata Photon Max wi-fi data card with high speed internet in Delhi/NCR.” The artful and crafty words in the advertisement of creating wi-fi hotspot anywhere in Delhi has landed the OP in hot soup.  The complainant lured by the advertisement and the recommendation made by the representative of OPs purchased Tata Photon Max wi-fi dongle but to complainant’s dismay the tall claims of high speed 6.2 Mbps to 9.8 Mbps never worked  with his internet services. The complainant was further disappointed as the repeated speed test run by him ranged between 0.3 Mbps to 0.6 Mbps. The complainant sent this speed test report to OP No.1 and OP No.3 with request to improve the speed but all in vain.
7. On perusing the trail mail between the parties it is noticed that despite correspondence between the parties the issue of slow speed of the internet services could not be resolved. Finally, it was agreed by the parties that the dongle would be returned to Tata Indicom Exclusive Store, G-8, South Extn. Part-I, New Delhi and money would be refunded.  On 16.09.15 the complainant sent the dongle with the copy of the receipt and attested I.D. proof to the store but Store Manager refused to accept the same. On 23.01.16 another attempt to return the dongle was made by the complainant but all in vain. The complainant having exhausted all his options to reconciliate issued notices to the OPs  which were  duly replied but the dispute of slow speed of internet service was neither resolve nor the money was refunded.
8. Therefore, this Forum is of the opinion that the OP No.1 is deficient in service. The complaint is allowed with direction to OP No.1 to refund Rs.2300/- the money paid as price of dongle alongwith interest @ 9% from the date of purchase of dongle till realization within a period of one month from the date of receipt of copy of this order. Failing which the OP No.1 shall become liable to pay interest @ 12% per annum on Rs.2300/- to the complainant from the date of purchase of dongle till realization. Additionally OP No.1 & 2 are directed to pay additionally Rs.10,000/- to the complainant by way of compensation for inconvenience and harassment caused to the complainant.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 09.10.18.