Order-17.
Date-06/07/2015.
Complainant Shri Pramod Kumar Drolia by filing this complaint submitted that complainant purchased one Data Card namely Photon Plus bearing No. A000003608896B, Telephone No. 9230751134 from the shop of the ops located at TVS Co Co Chowringhee, 46C, Chowringhee Road, Kolkata – 700071 on payment of a total sum of Rs. 1,199/-.
Op no.1 is a company registered under the Companies Act and having its Registered Office at the address stated above and op no.2 is Regional Office of the op no.1.On receipt of the said sum of Rs. 1,199/- the sales representative of the said shop of the ops issued a money receipt bearing TIN No. 193817702018 dated 31.05.2012 for the said sum to the complainant.
Before purchasing the said Data Card, the sales representative of the said shop persuaded the complainant to purchase the said Data Card as the same is having superior in-building coverage, high speed and will work without any fault. On the basis of the said persuasion, complainant purchased the said Data Card and after configuration of the same started using the said Data Card in his laptop, when the complainant found that speed of the said Data Card is very slow apart from other operating problems therefore complainant on 04.06.2012 contacted the sales representative of the said shop of the ops and made oral complaint for the said defect of the Data Card and requested the op to take back the said Data Card and to return the sum of Rs. 1,199/- when the representative of the op asked the complainant to contact Park Street Office of the ops.
Accordingly complainant on 15.06.2012 contacted with the Park Street Branch at 35, Park Street, Kolkata – 16 of the ops where the executive of the ops declined to entertain the complaint of the complainant.So, complainant by his letter dated 25.06.2012 sent to the ops and others lodged his complaint and demanded return of Rs. 1,199/-, the price of the said Data Card, paid by the complainant to the ops.
Ops instead of taking return of Data Card and refunding the price to the complainant has raised a bill dated 25.07.2012 of Rs. 99/- while the said Data Card was no operative at all.Fact remains that complainant purchased the said Data Card for his professional works and the acts and actions of the ops are extremely fraudulent, misleading, negligent and also very much deficient in their service and ops are bound to render proper service.But the Data Card gave no service for which complainant is entitled to get such relief and to get back the price of the Data Card and further for the loss of professional work, complainant has prayed for compensation and relief.
On the other hand op by filing written statement has submitted that complainant did not implead shop located at TVS CO CO Chowringhee as necessary party to the proceeding as from the complainant’s petition it appears that the complainant purchased one Data Card of Photon Plus from the said shop on 31.05.2012 and without impleading said seller the case is not maintainable.
Further complainant submitted that Data Card of Photon Plus is defective but complainant has failed to produce any expert report to prove the Data Card is defective and in absence of any such proof deficiency in service cannot be established.Moreover op has submitted that the entire allegation of the complainant is false and fabricated.So, question of return of amount of Rs. 1,199/- does not arise.Complainant has failed to establish any defect and his allegation is only about speed and regarding his allegation, if it is taken for the argument sake, the answering ops can only state that the speed of the device totally depends upon the availability of all parameters and factors like the number of voice and date users in the area under consideration, signal strength at the time of connection, the site being visited, network and bandwith, location where the signals are prone to frequent fluctuation, etc.That is why, it is usually advertised as the speed up to some limit.Regarding charges of Rs. 99/- it is submitted that monthly rental charges after adjustment of discount has been taken from the complainant as the complainant opted the internet connection on postpaid plan and by receiving such amount the ops did not commit any deficiency, fraudulent, misleading or negligent acts or unfair trade practice.
Complainant himself requested the ops to disconnect the said Data Card vide letter dated 25.06.2012 which has been posted to the ops on 30.06.2012 and the True Value Hub, whom he did not make party who received the cancel request on 28.06.2012 as per his own admission.So, posted letter and the request from True Value Hub has taken some time to land to the office of the ops.By the time, the request reached, but prior to that bill of the circle was automatically generated on pro-rata basis and with legitimate discount.The complainant though alleged about defects in Photon Plus data card but failed to produce any evidence to show that the data card is/was a defective one.In fact for some ill purpose practically the entire allegations are made by fabricating so the complaint should be dismissed.
Decision with reasons
On proper consideration of the entire materials on record and also after considering the allegation of the complainant and the defence as made by the op and further hearing the Ld. Lawyers of the parties, it is clear that complainant purchased one Photon Plus Data Card and that was purchased from one company i.e. TVS CO CO Chowringhee.But he is not made a party.
Fact remains that complainant has failed to produce any document or any expert report or defect of the said Data Card namely Photon Plus.Truth is that complainant has alleged that after configuration of the said Data Card in his Laptop, it is found that Data Card is very slow apart from other operating problems therefore.So complainant on 04.06.2012 contacted the sales representative of the said shop of the ops.
But fact remains that Tata Teleservices is not the seller of the said Data Card.But Data Card was purchased from one TVS CO CO Chowringhee, Kolkata – 71.But said shop/seller is not made a party.But even then we have gathered that it is the allegation of the complainant that it was not operating and speed was very slow.In this regard after considering the total system of different data cards, we have gathered that several factors are there for controlling the speed of Data Card at the time of using the Data Card in any Laptop and from the literature, we have gathered that any defect in Data Card speed does not vary.But it really varies for several factors and same are signals, strength at the time of connection, the site being visited, network and bandwith, location where the signals are prone to frequent fluctuation, etc.and further there are someother parameters i.e. availability of parameters like prone of voice, Data using in the area under consideration and if all those matters are not properly developed in an area, the speed may be fluctuated for which the Data Card cannot be treated as defective and Speed of the device totally depends upon the above factors.
Very recently we have learnt from some journals that our internet system is very irregular, Broad Band Services are also a very irregular for which different bank sectors, office sectors have been suffering and in fact due to said reasons the speed of the said device is sometime slow and no doubt the defence as taken by the op in this regard is most scientific than that of the claim of the complainant.
Nowadays when the Data Cards are being purchased, they think that Data Card of a particular company will give some purpose.But speed matter is always under control of several parameters and factors i.e. prone of voice and Data Using in the area under consideration, signals strength at the time of connection, the site being visited, network and bandwith, location where the signals are prone to frequent fluctuation.
Fact remains that in all cases it is advertised that speed is up to the limit and complainant has failed to produce any document that at the time of purchase it was noted in the Data Card package that Data Card give high speed always even after existence of all those factors and parameters.
In fact in the present case, complainant has failed to prove any defect of that Data Card and truth is that complainant opted the internet connection on postpaid plan and for which the said bill was prepared and complainant has admitted that he used the Data Card but the speed was slow.So, generation of bills of Rs. 99/- was not illegal.Practically complainant requested to disconnect the said Data Card vide letter dated 25.06.2012 which was posted to the op on 30.06.2012 and same was sent to True Value Hub and he has not made that True Value Hub as party and True Value Hub received the cancel prayer on 28.06.2012 as per complainant’s own admission and prior to receipt of the said cancelled letter by the op, the bill was generated with legitimate discount.But anyhow by any evidence complainant has failed to prove any sort of defect in respect of the Data Card.
Another factor is that complainant himself disconnected the said Data Card vide letter dated 25.06.2012 when he disconnected the said Data Card, then he is no more a consumer and if actually Data Card was defective, in that case, when disconnecting the same, complainant ought to have made a complaint to the op for checking the same.But without adopting such procedure, complainant filed this complaint and in the eye of law, there is no material against the ops and in fact ops are not directly responsible for selling and purchasing the said Data Card.At the same time defect in respect of the Data Card is not at all proved for which the present complaint fails.
Hence, it is
ORDERED
That the complaint be and the same is dismissed on contest without any cost.
