Tamil Nadu

North Chennai

CC/113/2015

M/s.S.Shanthi - Complainant(s)

Versus

The Manager, Reliance Mobile Store - Opp.Party(s)

M.S.Associates

31 Oct 2017

ORDER

                                                            Complaint presented on:  03.07.2015

                                                                Order pronounced on:  31.10.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

TUESDAY THE 31^st DAY OF OCTOBER 2017

 

C.C.NO.113/2015

 

 

Mrs.S.Shanthi,

W/o. S.Amuthaventhan,

No.1274, Golden Colony,

Annanagar West Extension,

Chennai- 50.

                                                                                    ….. Complainant

 

..Vs..

1. The Manager,

Reliance Mobile,

H-Block, 1^st Floor,

Dhribhaiambani Knowledge City,

Navi Mumbai 400 710.

 

2. The Manager,

Reliance Mobile Store,

No.415/2, Panner Nagar,

Thiruvalluvar Salai,

Mugappair East,

Chennai – 600 037.

.....Opposite Parties

Date of complaint                                 : 03.08.2015

Counsel for Complainant                      : M/s. M.S.Associates,

                                                                   C.M.Mohanasundaram, K.Satishkumar

Counsel for 1^st Opposite Party                 : M/s. Shivakumar and Suresh

Counsel for 2^nd opposite party                       : Ex - parte

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

 

          This complaint is filed by the complainant to pay a compensation of Rs.5,00,000/- for mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant purchased a Reliance Broad Band Data Card from the opposite parties with 5 GB unlimited plan for Rs.1349/- for every three months in the pre-paid scheme. The complainant was carrying on various business activities through on-line i.e distributor of Amway products, Nmart online retail store and Nu-venus   international online business, hence she depends on the internet connection provided by the opposite parties. The internet connection was bought in the complainant name for her individual purpose only. The complainant paid the said advance rental of Rs.1,349/- on 02.02.2015 for the period 05.02.2015 to 05.05.2015.

          2. The complainant was unable to use the internet service from 01.03.2015. She made a complaint to the customer care on 04.02.2015 again on 06.03.2015. There was no reply from the opposite parties. Again complaints were made on 08.03.2015, 10.03.2015, 12.03.2015. However the opposite parties failed to rectify the defects in that connection and on the other hand they sent a demand for Rs.609/- failing to pay internet connection will be disconnected.

          3. The complainant already paid for three months and however the opposite parties failed to rectify internet connection even after several complaints made to them.  Hence the complainant issued a legal notice on 05.04.2015 and filed this complaint praying to rectify and restore the service connection for three months and to pay a compensation of Rs.5,00,000/- for mental agony with cost of the complaint.

          4. The 2^nd opposite party remained absent and he was set ex-parte.         

5. WRITTEN VERSION OF THE  1^st OPPOSITE PARTY IN BRIEF:

          The complainant carrying on various business activities through online in respect of Amway product as a distributor and therefore the complainant availed the service of the opposite parties for commercial purpose and therefore the complainant cannot be considered as a Consumer.

          6. The complaint does not mention either the suspension of service or about the receipt of March month bill in this complaint. The advance rental plan of the complainant did not get place in the customer account due to system fault and hence the complainant received the bill. Due to feeding of the plans in the computer system there was some problem and by mistake the rental was raised even though the complainant was on a three month plan. The complainant could have informed the collection agent about the advance three months rental plan, but she had not informed the same. The opposite parties network being a large one and there could be some minor omission or mistake on the part of the opposite parties officials which is not a deliberate one and the same cannot be construed as deficiency in service.

          7. The complainant could have asked for explanation for the demand instead of sending legal notice to him. There is no cause of action for the complaint and the complaint being devoid of merits and the same is deserves to be dismissed with costs.

8. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

9. POINT NO :1 

          It is an admitted facts that the complainant purchased a pre-paid Reliance Broad Band Data Card connection from the opposite parties for the period 05.02.2015 to 05.05.2015 on payment of Rs.1,349/- as advance rent for the said period under Ex.A4 receipt and the complainant also used the said internet connection for his business activities of Amway products.

          The complainant alleged deficiencies against the opposite parties is that

1. the internet connection provided to him was not working and could not use the connection for her purpose  and
2. even though the complainant paid the pre-paid rent for the period 05.02.2015 to 05.05.2015, the opposite parties have illegally raised bills to pay for the monthly rental which she had already paid.

 

10. The opposite parties have raised bills Ex.B3 to Ex.B5 for the internet connection provided to the complainant for which period she had already paid the rent under Ex.A4. The opposite parties have pleaded in their written version that due to system fault and problem in feeding the plans in the computer system the bills were raised and therefore they have not committed any deficiency in service. The opposite parties stated in their written version that their network being large some minor omissions or mistake occurred on their part and the same cannot be construed as deficiency.

11. The opposite parties themselves admitted they are the large network. In such a case they should promptly provide their service and also raise the bill for the customer’s usage. In this case the complainant availed pre-paid rental connection. For such a pre-paid connection i.e the amount for the months already paid to the service provider, they cannot raise the bill for the paid period. Therefore, in this case the opposite parties received the advance rental and again raised the bill for the rental paid months is clear case of deficiency on the part of the opposite parties.

12. The complainant would contend that there was no internet service from 01.03.2015 and he made complaint to the customer care on various dates like 04.02.2015, 06.03.2015, 08.03.2015, 10.03.2015 and 12.03.2015 and even then the internet connection was not given. The above said dates were pleaded in the complaint. Such a fact was not denied by the opposite parties in their written version. Therefore it is held that the above complaints were made by the complainant to restore the connection and even thereafter the opposite parties have not given the connection to the complainant for her use. Further in Ex.A5 messages the opposite parties informed the complainant that on various dates that her request will be resolved 2 or 3 or 5 days. However, as per that message the internet connection was not rectified.  Therefore, failure to rectify the internet connection is deficiency on the part of the opposite parties.

13. The opposite parties would contend that the complainant is not a Consumer in view of her admission in the complaint itself that she was carrying on business of distributor of Amway products and also retail business through online. Admittedly the complainant stated in the complaint that she is doing business as stated above. Further she had stated that she bought the internet connection for her individual purpose. When the complainant categorically admitted that she is using the internet connection for business purpose and as there was no connection, she could not carry on business establishes that she had obtained the connection only for her business  purpose. The opposite parties specifically pleaded in the written version that the complainant obtained the connection for commercial purpose and the complaint is not maintainable. After filling of the written version the complainant filed her proof affidavit, in which also she had stated that she is using the data card for doing various online transactions like Amway products. Therefore, in view of above discussions, it is held that the complainant is not a Consumer.

14. We find that the opposite parties have committed deficiencies to the complainant and however we further held that the complainant is not a Consumer and in view of that the complainant is not a Consumer, and hence she is not entitled for any kind of relief sought by her in the complaint.

 

 

 

15. POINT NO:2

Since the complainant is not a Consumer, she is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 31^st day of October 2017.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 03.02.2012                   Registration of online N mart Retail Business

Ex.A2 dated NIL                     Registration of online Amway distributors

                                                    Business

 

Ex.A3 dated NIL                     Registration of online Nuveru international

                                                    Business

 

Ex.A4 dated 02.02.2015                   Payment receipt (advance Rental Payment)

 

Ex.A5 dated NIL                     Massage Confirmation of complaint sent by

                                                   complainant on various date on demand

 

Ex.A6 dated 05.04.2015                   Notice sent by the complainant with AD

 

 

 

 

 

 

 

         

LIST OF DOCUMENTS FILED BY THE 1^st OPPOSITE PARTY :

 

Ex.B1 dated 19.08.2016                   Interaction Details of the complainant

 

Ex.B2 dated 14.09.2016                   Statement of Account

 

Ex.B3 dated 25.02.2015                   Bills for the period of 25.01.2015 to 24.02.2015

 

Ex.B4 dated 25.03.2015                   Bills for the period of 25.02.2015 to 24.03.2015

 

Ex.B5 dated 25.04.2015                   Bills for the period of 25.03.2015 to 24.04.2015

 

 

 

MEMBER – I                                                               PRESIDENT