This C.C. is coming on before us for hearing; in the presence of      Sri. M. Niranjan Reddy, C. Madhavi, Advocates for complainant; notice of opposite parties No.1 to 3 served called absent; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

O  R  D  E  R

(Per Sri R. Kiran Kumar, Member)

          This complaint is filed u/s.12-A of Consumer Protection Act, 1986. 

2.        The averments made in the complaint are that the complainant is a Medical Practitioner, working in Radiology Department at Mamata General Hospital, Khammam and is permanent resident of Mumbai.  The complainant submitted that he is only residing at Khammam and his family members are residing at his native place, as such in order to communicate with his family members he intended to obtain a broad band network in order to get the services of internet.  The complainant submitted that he had approached the opposite party No.2 in order to get new broad band service connection, accordingly the opposite party No.2 collected an amount of Rs.999/- from the complainant and gave a new internet mobile phone service connection by issuing a reliance number 9391375226 under the tariff plan i.e. HSD_DATA and the monthly rental was fixed @ Rs. 999/-  and after receipt of the amount the opposite party No.2 gave a modem by collecting Modem Charges of Rs.999/-.  The complainant further submitted that he is successfully paying the monthly bills for using of such internet connection.  The complainant also submitted that in the month of December 2015 he had been to his native place in order to met his family members, mean time the customer care executives of opposite party No.1 herein made several phone calls to the complainant and instructed him to pay the due amount, for which the complainant had informed them that he will pay the said bill amount as and when he reaches Khammam.  Surprisingly in the last week of January 2016, the opposite parties has disconnected the internet connection to the number of the complainant, immediately when the complainant reached Khammam, had been to the office of the opposite party No.2 and questioned about the disconnection of Internet.  The staff of opposite party No.2 informed that after receipt of due amount they will activate the connection for that the complainant paid entire due amount of Rs.2,600/- on 01-02-2016, on receipt of the amount the opposite party No.2 informed that the connection will be activated within an hour, but the connection was not activated till 26-02-2016.  Having vexed, the complainant decided to cancel the connection and informed the same to the opposite party No.2, on that the opposite party No.2 canceled the said internet connection and also gave a receipt bearing No.2385 dt.26-02-2016  by endorsing on the said receipt that “there will be no payment of February 2016” and also collected data card from the complainant and also informed that there will not be any amount exchanged between the complainant and the opposite parties, which clearly shows that the complainant had no due to the opposite parties as on the date of receipt of the said receipt.  The complainant further submitted that he receiving SMS and phone calls from customer care of opposite party No.1 on different occasions with a demand to pay the arrears of the usage of said internet connection and the opposite parties started harassing on different pretexts, vexed with the same on 18-05-2016 the complainant sent an email to the customer care of opposite party No.1 by bringing the negligent act and services that was provided to him by the opposite party No.2, but there is no reply from the said customer care.  The complainant further submitted that on 10-06-2016 he had received email notice from M/s. Mohammed Abdul Rasheed, Advocates, Arbitrators and conciliators, Hyderabad, on behalf of opposite party No.1 demanding to pay Rs.2,317/- for a period of 22-04-2016 to 05-06-2016 payable by the complainant to the opposite party No.1, then only the complainant could realize that the opposite party No.2 has not paid the bill amounts of complainant to opposite party No.1, so only  internet connection was not activated, the complainant had been to the office of opposite party No.2 and questioned about such an illegal act in nonpaying the amount of complainant and cancelation of internet connection.  But the opposite party No.2 did not choose to give proper reply and behaved with the complainant rudely.  In order to bring the actual circumstances before the opposite party No.1, complainant got issued a reply notice through his counsel on 17-06-2016 to the counsel for opposite party No.1 through register post by bringing all the facts and the same was acknowledged by the counsel for opposite party No.1.   Inspite of making several representations as the opposite parties did not stopped their harassment against the complainant through SMS, phone calls and emails.  The complainant further submitted that the opposite parties have committed deficiency of services, since they failed to provide services to the complainant  though the complainant is successfully making payments with regard to usage of internet connection and also the harassment made by the opposite parties against the complainant cannot be put in terms of words and due the acts the complainant sustained lot of pain and sufferance both mentally and financially, for that the complainant filed the complaint against the opposite parties for an amount of Rs.3,00,000/- towards compensation.

3.        On behalf of the complainant, the following documents were filed and marked as Exhibits A-1 to A-10.

Ex.A1:-Original Demand Bill issued by the opposite parties to the complainant, dt. 06-06-2016.

Ex.A2:-Cash bill vide receipt bearing No.2581 for an amount of Rs.2,600/-, dt. 01-02-2016 issued by the opposite party No.2.

Ex.A3:-Original Bill pertaining to cancelation of Internet Connection of complainant issued by the opposite party No.2, dt.26-02-2016.

Ex.A4:-Copy of E-mail complaint made by the complainant to the customer care of opposite parties, dt.18-05-2016.                                  

Ex.A5:-Photocopy of letter addressed by the complainant to the opposite party No.2, dt.19-05-2016 along with postal receipt.   

Ex.A6:-Photocopy of letter addressed by the complainant to the opposite party No.1, dt.19-05-2016 along with postal receipt and acknowledgement.                        

Ex.A7:-Copy of E-mail notice issued by the counsel for opposite party No.1, dt. 10-06-2016.

Ex.A8:-Copy of reply issued by the complainant to the opposite party No.1 through E-mail, dt.11-06-2016.

Ex.A9:-Photocopy of messages sent by the opposite party to the complainant on different dates.

Ex.A10:-Office copy of reply notice, issued by the complainant through his counsel addressed to the counsel for opposite party No.1.

Ex.A11:-Photocopy of Online bill addressed to the complainant by the opposite party No.1.

4.        On receipt of the notice, none appeared on behalf of the opposite party No. 1.  Notice of opposite party No.2 served to Kamal Enterprises H.No.6-2-69, Jammibanda Road, Khammam instead of A.S. Communications.  On that complainant filed a petition to implead Kamal Enterprises, H.No.8-5-82/1, Jammibanda Road, Khammam in the array of opposite party No.3 and the same was allowed vide IA.No.1/2017 on 24-01-2017 and Kamal Enterprises, Jammibanda Road, Khammam impleaded as opposite party No.3.  Even after service of notice, the opposite party No.3 failed to appear before this Forum. 

5.      Complainant filed written arguments.

6.      Heard oral arguments of complainant.

7.      Upon perusing the material available on record, now the point that arose for consideration is,

1) Is there any deficiency of service on the part of opposite parties and Whether the complainant is entitled for the claim?

2) What relief?

Point No.1:-

From the documents and material available on record it is observed that there is no dispute about the complainant obtaining internet connection from the opposite party No.1 through their dealer i.e. opposite party No.2.  And also as per Exhibit A-2 cash bill receipt dt. 01-02-2016 the complainant paid an amount of Rs.2,600/- and obtained cash bill for his MDN 9391375226 internet connection.   As per cash bill dt.26-02-2016 vide bill No.2385 the complainant handed over the data card to the opposite party No.2 and obtained receipt along with endorsement as “There will be no payment of February 2016.” After that the complainant received Legal/bucket, dt.10-06-2016 through Reliance legal mail, in which it is mentioned that “invitation to conciliation as per provisions Section 62 of the Arbitration and conciliation Act, 1996 demanding to pay a sum of Rs.2,317/-within 7 days from the date of receipt of this notice”.  Immediately after receipt of the notice, the complainant sent reply on      11-06-2017 through personal mail informing that since 1^st February 2016, he never connected with internet connection, he has sent registered letter to the opposite party No.2 and also one Mr. Sandip Brahmankar, Reliance Communications Ltd., Madhapur, Hyderabad of Reliance Communications who is appellate authority.  Inspite of that the opposite party No.1 are sending notices, e-mails and SMS for demanding the arrears for that the complainant sent reply notice on 17-06-2016 through his counsel, which is marked as Exhibit A-10.        

From the record we observed that the complainant handed over the data card and paid entire due amount as on February 2016.  It is the duty of the opposite party No.1 to pursue the matter whether the complainant has any amount due or not.  And also even after getting letters, mails from the complainant time to time, without considering the same, issuance of notice by the opposite party No.1 through their advocate for arbitration and conciliation is nothing but deficiency in service on the part of opposite parties No.1 and 2.  And also we observed that the complainant is a Medical Practitioner by profession, working as Professor at Radiology Department in Mamatha General Hospital, Khammam, he is residing at Khammam, i.e. far away from his family, due to disconnection of Internet Connection, by the acts of opposite party No.1 the complainant lost communication with his family members, suffered mentally and also disturbed from work because of getting mails from opposite party No.1.  And also the complainant spent his valuable time to approach advocate for giving reply notice, for the notice issued by the opposite party No.1 dt.10-06-2016 and approached this Forum for his grievance.   Even after receiving mails, SMS and letter from the complainant, the opposite parties are sending SMS and emails for demanding arrears even after payment of bill is nothing but deficiency of service.  By taking all the above into consideration we are of the opinion that the complainant is entitled for damages for the pain and sufferance.  

Point No.2:-

9.      In the result, the complaint is allowed in part, directing the opposite parties No.1 and 2 to pay an amount of Rs.10,000/- towards damages and costs.  The opposite parties No.1 and 2 are directed to pay the amount within one month, failing which the amount shall carry interest @9% per annum from the date of order till its realization.  The complaint against opposite party No.3 is dismissed.  

          Typed to dictation, corrected and pronounced by us, in the open forum on this the 1^st day of August, 2017.  

Member                   Member               President

                                                          District Consumer Forum,

Khammam.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                 For Opposite party:-   

       -None-                                                                       -None-

DOCUMENTS MARKED:-

For Complainant:-                                                           For Opposite party:-   

Member                   Member               President

                                                          District Consumer Forum,

Khammam.