Tamil Nadu

South Chennai

CC/385/2017

Sajan Verghis Mathew - Complainant(s)

Versus

The Manager, Raaj Internet (I) Pvt Ltd., - Opp.Party(s)

G.Ramanujam

22 Jul 2019

ORDER

                                                                        Date of Filing  : 08.11.2017

                                                                          Date of Order : 22.07.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.385/2017

DATED THIS MONDAY THE 22^ND DAY OF JULY 2019

                                 

Mr. Sajan Verghis Mathew,

S/o. Mr. K.V. Mathew,

No.4/13, “Kandathil”,

West Ward Lane,

Neelankarai,

Chennai – 600 041.                                                         .. Complainant.                                                     

 

                                                                                            ..Versus..

1. The Manager,

Raaj Internet (I) Private Limited,

High Gate 153E, Santhome High Road,

R.A. Puram,

Chennai – 600 028.

 

2. The Chief Executive Officer,

Blue Lotus Services,

No.156, Doshi Towers,

Poonamallee High Road,

Kilpauk,

Chennai – 600 010.                                                 ..  Opposite parties.

          

Counsel for the complainant   :  M/s. G. Ramanujam

Opposite parties 1 & 2            :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.11,723/- collected for the internet connection along with interest and to pay a sum of Rs.10,00,000/- towards compensation for deficiency in service for mental agony and hardship with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is a Senior Vice President in a Software Company has availed the service of internet connection of the 1^st opposite party on 10.11.2016 and paid a sum of Rs.11,723/-.   The opposite parties assured that the speed of the internet connection will be 60 Mbps along with free Wi-fi Router connection and assured to provide the connection within 3 to 4 days.  Accordingly, the 1^st opposite party provided the internet connection during the month of March 2017 after a lapse of 4 months.  The opposite parties also has not provided the internet connection with the assured speed of 60 Mbps.  The speed of the internet was very slow as low as 5 Mbps to 10 Mbps.  Due to the initial slow internet connection and repeated failures of the internet connection, the complainant has untold misery in performing his work properly and was neither reachable to his subordinates staff nor able to convey any message through internet in a quick time.  During the month of March 2017 and July 2017, the said problem of low speed continued. Thereafter on 09.08.2017, the internet connection was down again.  The complainant to contact through telephone but there was no response.  On 11.08.2017, the 1^st opposite party’s person attended the complainant’s call and informed that they have sold the business to one M/s. Blue Lotus Service without any notice or information.  Hence, the complainant issued legal notice dated:17.08.2017 claiming return of the amount.  But the opposite parties has not sent any reply.  The act of the opposite parties 1 & 2 amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     The notice sent to the 1^st opposite party through this Forum was returned as left.  Hence, substituted service of notice was published in the tamil Daily news paper namely ‘Makkal Kural’, the 1^st opposite party has not been appeared before this Forum and hence, the 1^st opposite party was set exparte.   In spite of receipt of notice, the 2^nd opposite party has not been appeared before this Forum and hence, the 2^nd opposite party was set exparte.

3.     Though the opposite parties 1 & 2 remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as her evidence, and also documents Ex.A1 to Ex.A5 are marked.

5.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.10,00,000/- towards compensation for deficiency in service, mental agony and to get refund of a sum of Rs.11,723/- paid towards internet connection with cost of Rs.10,000/- as prayed for?

6.      On point:-

The 2^nd opposite party after receipt of notice has not appeared before this Forum and set exparte.  The 1^st opposite party even after repeated notice not served and returned as left.  Hence, due substituted service by way of publication in one tamil news paper namely; Makkal Kural is effected to the 1^st opposite party and set exparte.  The complainant filed his proof affidavit and written arguments.  Heard the Counsel also.  Perused the records namely; the complaint, proof affidavits and documents of the complainant.  The complainant pleaded and contended that he is a Senior Vice President in a Software Company has availed the service of internet connection of the 1^st opposite party on 10.11.2016 and paid a sum of Rs.11,723/- as per Ex.A1, copy of receipt.   The opposite parties assured that the speed of the internet connection will be 60 Mbps along with free Wi-fi Router connection and assured to provide the connection within 3 to 4 days.  Accordingly, the 1^st opposite party provided the internet connection during the month of March 2017 after a lapse of 4 months which caused great inconvenience. The opposite parties also has not provided the internet connectioin with the assured speed of 60 Mbps.  On the other hand, the speed of the internet was very slow as low as 5 Mbps to 10 Mbps.  Thereby, the complainant was not able to carry out his work which caused huge loss.  During the month of  March 2017 and July 2017, the said problem of low speed continued. Thereafter on 09.08.2017 the internet connection was down again.  The complainant tried his level best to contact the opposite parties 1 & 2 for due compliance but failed which caused great inconvenience.  On 11.08.2017, the 1^st opposite party’s person attended the complainant’s call and informed that they have sold the business to one M/s. Blue Lotus Service without any notice or information.  Hence, the complainant was constrained to issue legal notice dated:17.08.2017 as per Ex.A3 claiming return of the amount.  Since the opposite parties has not sent any reply, the complainant was constrained to file this case claiming compensation of Rs.1,00,000/-.  But the complainant has not explained the quantum of compensation in such a manner known to law.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 & 2 are jointly and severally shall refund the amount of Rs.11,723/- and a compensation of Rs.10,000/- for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to refund a sum of Rs.11,723/- (Rupees Eleven thousand seven hundred and twenty three only) being amount collected for internet connection and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.  

The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of July 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	10.11.2016	Copy of receipt No.S 22823
Ex.A2		Copy of email complaint sent by the complainant to the opposite party
Ex.A3	17.08.2017	Copy of legal notice of the complainant
Ex.A4	18.08.2017	Copy of acknowledgement received by the opposite parties
Ex.A5	19.08.2017	Copy of acknowledgement received by the opposite parties

 

 

MEMBER                                                                                PRESIDENT