Date of filing : 11.03.2015
Date of order : 28 .09.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER-II
MONDAY THE 28TH DAY OF SEPTEMBER 2022
CONSUMER COMPLAINANT NO. 9/2015
N. Venkataraman,
S/o. V.R. Namasivayam
Plot No. 18,5th Street,
Bank Nagar,
Kazhinjur,
Vellore -6. ...Complainant
-Vs-
The Manager,
B.S.N.L.,
No. 1, Infantry Road,
Vellore – 1. ...Opposite party
Counsel for complainant : Thiru. D. Nagarajan,
Counsel for opposite party : Thiru. T.M. Vijayaragavalu
ORDER
THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L. PRESIDENT
This complaint has been filed under section 12 of consumer Protection Act 1986. The complainant has prayed this Hon’ble Commission to direct the opposite party to pay a sum of Rs.1,00,000/- as compensation for deficiency in service and mental agony.
1.The case of the complaint is briefly as follows:
The complainant made an application with the opposite party post paid internet connection under EVDO scheme. He has paid a sum of Rs.1,000/- towards security deposit and paid a sum of Rs.1,199/- towards instruments charges. Thereafter, the opposite party installed the above said instruments. But, there was no internet the aforesaid instrument. Therefore, the complainant lodged a complaint with the opposite party and the opposite party service personnel one Mr. V. Mani Visited the complainant’s premises and informed that they will withdraw the old account No.514670927 and will provide a new service connection account No. 514711759. Accordingly, he advised the complainant to submit another application with the opposite party and the said V. Mani inform to the complainant that the earlier connection will be deactivated. Further the complainant also contended that the opposite party issued a bill of Rs.871/- for service connection No. 514670927. Infact the aforesaid period admittedly the internet was not working. Similarly the complainant also issued another bill for Account No.514711759 for Rs.3,090/-. The allegation of the complainant is that even after the replacing the old connection with new connection the internet connection, internet connection not working. Therefore the complainant unnecessarily has deposited incurred a sum of Rs.1,000/- and has deposited of Rs.1,199/- as cost of instruments charges and without using the said internet, he had paid a sum of Rs.871/- and Rs.3,090/- by way of bill. Therefore, there is a deficiency in service on the part of the opposite party. Hence, this complaint.
2. The written version of opposite party is as follows:
It is true that the complainant applied for an EVDO (Enhanced Value for Data Optimum and the EVDO card was sold on 20.09.2014. The complainant is instrument using area of Katpadi the Telephone Exchange (VIT area), where the customer will be getting the single. On 04.10.2014, the complainant came and made a complaint that he was not able to use it at his house. The original data card sold on 20.09.2014 bearing the account No. 514670927. As the complainant approached the opposite party on 04.10.2014 which the complainant with a complaint data card was issued on the same date. Again on 11.10.2014, the complainant came and complained that the second data card was also not working. Hence, on the same date on 11.10.2014 both the accounts were closed based upon the request of the customer and the EVDO card was taken at the request of the subscriber checking purpose. The complainant was told at the time of the issue of the data card that the bills will be raised automatically for the minimum guarantee period which can be cancelled after the generation of the bills. But, the customer has not come to collect the data card and get the bills corrected. All the BSNL bills were computerized and generated automatically, immediately after the issue of the cards and it will be reviewed on the basis of the actual facts and customer complaints. Further the subscriber himself has not submitted any of his grievances in writing directly or by post. After the receipt of the court notice, a technical staff of the BSNL went immediately and verified the signal and transmission condition in customer’s area with test EVDO card. The technical staff found good signal of transmission. In fact, there are some more subscriber who are using the similar card satisfactorily in the same area. There are about 10 numbers of connection with EVDO technology working in the area. Hence, this itself proves that the subscriber, i.e., complainant, might not have used the card properly. Originally the account number given was 514670927 and after the complaint by the complainant, a fresh data card bearing No. 514711759 was issued at his request only. The first account number was activated on 20.09.2014 and was closed on 11.10.2014 as per the instruction of the complainant. Two bills, for Rs.871/- for the period from 20.09.2014 to 30.09.2014 and for Rs.2,219/- for the period from 01.10.2014 to 11.10.2014, were generated by the system automatically. The second bill contains the minimum guarantee amount of Rs.1,733/- plus service tax. As the bills were not paid by the complainant, the deposit of Rs.1,000/- collected from the customer on 26.09.2014 was adjusted towards the pending bills. As on that data a sum of Rs.2,090/- remained unpaid. Hence this complaint to be dismissed.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A6 were marked. Proof affidavit of opposite party filed. Ex.B1 and Ex.B2 were marked. Written argument of both sides filed. Oral argument of opposite party side heard.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
party?
2. Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief, the complainant is entitled to?
5. POINT NOS.1 & 2: The complainant applied for EVDO card for internet usage on 20.09.2014 after installation of the aforesaid instrument in the house of the complainant. The complainant made a complaint to the opposite party on 04.10.2014 that he was not able to use internet through the EVDO. The original data card number is 514670927. Hence, the opposite party personal came to the complainant house and informed that they will give new EVDO card with different number i.e., 514711759. The main allegation of the complainant is that during the non usage of the aforesaid internet service. The opposite party send a bill of Rs.2,219/- and Rs.2,871/- Which is the contractual terms. Per contra the opposite party in their written version raising a defense the bills were computerized and generated automatically. Therefore, there is a error in issuing the aforesaid bills. Further they also stated in their written version they reviewed the aforesaid bill amount. Therefore they have not raised the with regard to the payment of bills. But the opposite party having admitted that the instrument was not functioning in their home but they raised a defense that the complainant is not use properly. Therefore, the internet service not able to use. Therefore there is no deficiency in service on the part of the opposite party. But in our considered opinion that it is for the opposite party to give proper instruction to use the customer regarding the aforesaid instrument, now they raising an objection that the complainant is not properly used the instrument, it is not acceptable proposition. The purpose in which the complainant obtained the service connection not satisfied by the opposite party. Further the opposite party also raised the bill for the period in which the instrument was not functioning which itself amounts to deficiency in service. Therefore the opposite party bound to refund the amount received for the aforesaid internet connection. Hence, these Point Nos. 1 and 2 are decided in favour of the complainant.
6. In the result this complaint is partly allowed. The opposite party is hereby directed to refund of Rs.2199/- (Rupees Two Thousand One Hundred and Ninety Nine only) the cost of the instrument and caution deposit and to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 28th September 2022.
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1 - Copy of Family card
Ex.A2 - Copy of receipt for payment of bills
Ex.A3 - Copy of acknowledgement received for instrument
Ex.A4 - Copy of invoice for post paid services
Ex.A5-23.02.2015 - Copy of Defaulter’s notice
Ex.A6 - Copy of V.L. Yogeshwar identity card
LIST OF OPPOSITE PARTY SIDE DOCUMENTS:
Ex.B1 - Copy of Account summary
Ex.B2 - Copy of Account summary
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
