Jaskaran Singh son of Arjan Singh resident of 4/71-Khalsapur Road, Tarn Taran.

                                                                             …..Complainant

                             Versus

The Manager, Connect Broadband, 1^st Floor, Jagdev Market, Tarn Taran.

                                                                             …Opposite Party

Complaint Under Section  10, 11, 12 and 13 of the Consumer Protection Act.

Quorum:               Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

For Complainant                     Sh. K.S. Virk Advocate.

For Opposite Party                           Exparte.

ORDERS:

Charanjit Singh, President;

1        The complainant Jaskaran Singh has filed the present complaint under Section 10, 11, 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against The Manager, Connect Broadband, 1^st Floor, Jagdev Market, Tarn Taran (Opposite party) on the allegations of deficiency in service and negligence in service on the part of the opposite party with further prayer to settle the claim by setting aside/ waiving the excess demanded amount from bill dated 4.10.2017, by restoring the connection of the complainant with immediate effect without any delay and with necessary directions to the opposite parties not to harass the complainant in any manner. The opposite parties may be directed to pay Rs. 10,000/- as compensation on account of mental and physical harassment and Rs.10,000/- as litigation expenses and Rs. 5,000/- on account of deficiency in service.

2        The case of the complainant in brief is that Jaskaran Singh complainant is registered consumer of the opposite party in respect of his broadband connect Phone No. 01852-501470 having account No. 2469883 which is installed and existed at his residence at 4/71 Khalsapur Road Tarn Taran.  The above mentioned Broadband Connect Phone No.01852-50147 of the complainant has Tariff plan DSL-599-4mpbs and its consumption bill is not beyond the amount of Rs.800/- per month. Accordingly, likewise previous months, the complainant has deposited his consumption bill amounting to Rs. 800/- on dated 14.9.2017 with the opposite party and the Opposite party duly confirmed the receipt of bill amount through SMS on dated 14.9.2017. The complainant never received bill exceeded to the amount of Rs. 800/- per month for his above connection. To the utter surprise of the complainant, the complainant has received a bill dated 4.10.2017 amounting to Rs. 1,170/- in respect of his above connection form the opposite party. The opposite party has demanded excessive and arbitrary illegal amount than the actual Tariff Plan from the complainant through this bill dated 4.10.2017. The said demand of excessive and arbitrary and illegal amount than the actual Tariff Plan from the complainant through this bill dated 4.10.2017 by the opposite party is quite illegal, arbitrary, against the fixed Tariff Plan and unconstitutional. The opposite party legally is not entitled to demand excessive and illegal bill from the complainant under any circumstances. After receiving the excessive bill, the complainant approached to the office of opposite party and registered his grievances in this regard but the authorized person of the opposite party has not listen the genuine complaint of the complainant in the matter and forced the complainant to deposit the bill by time to avoid disconnection. Finally without hearing the complainant in the matter, the opposite party has barred the service of the connection of the complainant on dated 13.10.2017. From the facts mentioned above, it is crystal clear that the opposite parties are guilty of fault, imperfection, inadequacy in quality of service,  nature and manner of performance of service, unfair trade practice and as well as gross negligence on their part, hence are guilty of deficiency in service in not settling the claim of the complainant. This act of the opposite party constitutes deficiency in services, unfair trade practice. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party. 

3        The complainant has tendered in evidence affidavit of complainant Jaskaran Singh Ex. C-1 alongwith documents Ex. C-2 and Ex. C-3 and closed the evidence.

4        Notice of this complaint was sent to the opposite party but none has appeared on behalf of opposite party. Consequently, the opposite party was proceeded against exparte vide order dated 23.1.2018 of this Forum.

5        We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.

6        The complainant has tendered in evidence his affidavit Ex. C-1 and in his affidavit, the complainant declared that he is registered consumer of the opposite party in respect of his broadband connect Phone No. 01852-501470 having account No. 2469883 which is installed and existed at his residence at 4/71 Khalsapur Road Tarn Taran.  He further declared that above mentioned Broadband Connect Phone No.01852-50147 of the complainant has Tariff plan DSL-599-4mpbs and its consumption bill is not beyond the amount of Rs.800/- per month. The complainant has deposited his consumption bill amounting to Rs. 800/- on dated 14.9.2017 with the opposite party and the Opposite party duly confirmed the receipt of bill amount through SMS on dated 14.9.2017. The complainant never received bill exceed to amount of Rs. 800/- per month for his above connection. To the utter surprise of the complainant, the complainant has received a bill dated 4.10.2017 amounting to Rs. 1,170/- in respect of his above connection form the opposite party. The opposite party has demanded excessive and arbitrary illegal amount than the actual Tariff Plan from the complainant through this bill dated 4.10.2017. The said demand of excessive and arbitrary and illegal amount than the actual Tariff Plan from the complainant through this bill dated 4.10.2017 by the opposite party is quite illegal, arbitrary, against the fixed Tariff Plan and unconstitutional. The opposite party legally is not entitled to demand excessive and illegal bill from the complainant under any circumstances. After receiving the excessive bill, the complainant approached to the office of opposite party and registered his grievances in this regard but the authorized person of the opposite party has not listen the genuine complaint of the complainant in the matter and forced the complainant to deposit the bill by time to avoid disconnection. Finally without hearing the complainant in the matter, the opposite party has barred the service of the connection of the complainant on dated 13.10.2017.

7        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Party but none has appeared on behalf of opposite party  in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against it by the complainant. The complainant has also placed on record email Ex. C-2 which is showing that the services of the connection of the complainant has been barred due to non payment of Bills.  The complainant has placed on record Bill Ex. C-3 and it is showing the current month charges of Rs. 1,614.98 Paise. But the opposite party has opted not to contest the case and not to show the details how the opposite party is charging an amount of Rs. 1,614.98 Paise. As such, the complainant is entitled to the relief claimed in the complaint and the complainant requested the opposite party several times to resolve the matter but the opposite party did not care to resolve the matter in question and it has not only committed deficiency in service, but also indulged in an unfair trade practice.           

8        In light of the above discussion, the complaint succeeds and the same is hereby allowed exparte with costs in favour of the complainant and against the Opposite Party. The opposite party is directed to restore the connection of the complainant and the bill Ex. C-3 is hereby quashed.  However, the opposite party is at liberty to recover the bill of the disputed period as per the average of previous six months. The complainant has been harassed by the opposite party. The complainant is also entitled to Rs.3,000/- ( Rs. Three Thousand only) as compensation on account of harassment and mental agony and Rs 2,500/- ( Rs. Two thousand and Five Hundred only) as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.