IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Saturday the 18th day of September, 2021
Filed on 12.06.2019
Present
1. Sri.S.Santhosh kumar.Bsc.LLB(President)
2. Smt. Sholly.P.R ,LLB (Member)
In
CC/No.146/2019
Between
Complainant:- Opposite parties:-
Sri.V.U Mohanan 1. The Managing Director/
Kalharam, Near Chinmaya General Manager
Vidyalaya, Thittamel Asianet Satelite Communication
Chengannur.P.O Ltd, 2A, 2nd Floor, Karnival
Alappuzha-689121 Technopark, Kazhakoottam
(Party in person) Thiruvananthapuram -695581
2. The Manager
Asianet Satelite Communication ltd
Cheeroth Building, Pulimoodu JN.
Kottayam.
(Adv. Sri. P.S.Anilkumar for Ops)
O R D E R
SMT. SHOLLY.P.R (MEMBER)
Complaint filed u/s 12 of the Consumer Protection Act, 1986.
1. Material averments in brief of the complaint are as follows:-
The complainant was a subscriber of Asianet Broadband connection and he had temporarily unsubscribed the connection from 2018 April
2. On March 2019, the complainant received an SMS regarding an offer of Rs.449/- for 3 months with 60GB Data. And also requesting to give a miss call to the number 989579277 which was given in the said SMS. As per their request, the complainant gave a miss call to the said mobile number and a text message containing “will call you right back” was received. Within few minutes a person contacted the complainant and explained the offer details and said the complainant that if he is taking the offer on the same day(31/3/2019), he will get the benefit from the same day itself, ie, 60 GB data for 3 months and the payment will be through their agents and they will collect from the home itself. Accepting their offer the complainant had paid an amount of Rs.530/- on 9/4/2019 to the agent who came to the complainant’s house.
3. But after one week of waiting, there was no response from the opposite party’s side and the complainant contacted on the mobile number received through the SMS, but still there was no reply from their side. On 15/5/2019 the complainant posted a registered letter stating that they have to restore the connection or otherwise the complainant will proceed with legal formalities. The same letter was received by the opposite party and acknowledgment card was sent back to the complainant. But till the date there was no response from the opposite party’s side.
4. They had contacted the complainant and offered the above said 60 GB Data for 3 months, and collected the amount and the opposite party themselves has cheated the complainant by not providing the above mentioned service after collecting money for the same. Hence this complaint.
5. Notice issued from this Commission was served to the opposite parties and in response to the complaint they filed version jointly denying all the allegations levelled against them by the complainant and as per order in IA No. 46/2020 the same was accepted since version was filed beyond the prescribed period. However the opposite parties as well as their counsel were not turned up for cross examination of the complainant when he filed proof affidavit in lieu of chief examination.
6. The points came up for consideration are:-
1.Whether there is any deficiency in service on the part of the opposite parties?
2. Whether the complainant is entitled to re-instate the broad band connection for 3 months offering 60GB data considering the payment already made by the complainant?
3. Whether the complainant is entitled to get compensation Rs.35,000/- for the mental agony suffered by himself and his 2 children?
4. Reliefs and costs?
7. Point No.1 to 3:-
For avoiding repetition these 3 points are considered together. The complainant filed affidavit in tune with the complaint and got marked Exts. A1 to A5. The complainant’s case is that he had subscribed a broad band connection from opposite parties and the same was temporarily unsubscribed from April 2018. Thereafter on March 2019 opposite parties had made an offer for 3months with 60GB Data through SMS. As per the request in the SMS the complainant gave a miss call to the mobile No.9895792777 which was noted in the said SMS. In response to the said call a person contacted the complainant and explained the offer details and also offered that if he was taking the offer on the same day, ie on 31/3/2019, he will get the benefit from the same day itself and the payment will be collected by their agents from his house. He had accepted the offer and paid an amount of Rs.530/- on 9/4/2019 to the agent who came to the complainant’s house. But the complainant had not get the said connection and opposite parties were not responded even after receiving the registered letter sent by the complainant.
8. Though the opposite parties have filed version through their counsel denying all the allegations in the complaint, the opposite parties as well as their counsel would not come before this Commission to disprove the evidence of the complainant by adducing their evidence. The unchallenged averments in the affidavit coupled with Ext.A1 to A5 documents would establish the case of the complainant. Ext.A1 is the printout of the text message issued by opposite party showing year end offer for 3 months data free for Rs.449/- on 31/3/2019. Ext.A2 is the provisional Receipt issued by opposite party receiving Rs.530/- from complainant on 9/4/2019. Ext.A3 is the print out of text messages dated.26/4/2019 sent by opposite parties. Ext.A4 is the copy of Notice dated 14/5/2019 sent to the opposite parties by the complainant for redressing his grievance. Ext.A5 is its acknowledgement card.
9. On perusal of the available documents we can understand that the complainant might have paid the amount as per Ext.A2 accepting the offer made by the opposite parties through text messages in his phone. On the contrary, eventhough the opposite parties have denied all the averments in the complaint they could not discredit the complainant through cross examination. In the said circumstances we hold the view that the opposite parties are committed deficiency in service, accordingly they are liable to re-instate the broad band connection of the complainant on payment already made by the complainant. However we limit the amount of compensation for Rs.5,000/-(Rupees Five Thousand only) These points are answered accordingly
10. Point No. 4:-
In the result the complaint stands allowed in part.
A) The opposite parties 1 and 2 are directed to re-instate the broad band connection of the complainant considering the payment made by the complainant on 9/4/2019 offering 3 months data free with 60 GB.
B) The complainant is entitled to realize an amount of Rs. 5000/- as compensation for mental agony suffered by him from the opposite parties 1 and 2.
C) The complainant is entitled to realize an amount of Rs.1000/- as cost from the opposite parties.
The order shall be complied within one month from the date of the receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 18th day of August, 2021.
Sd/-Smt. Sholy.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
Ext.A1 - Print out text message
Ext.A2 - Provisional Receipt
Ext.A3 - Print out text message
Ext.A4 - Copy of Notice
Ext.A5 - AD card.
Evidence of the opposite parties:-
RW1 - Dr. Sanjay Kumar (Opposite party)
Ext.B1 - Notice dtd.13/5/2019
Ext.B2 - Copy of Letter dtd.21/8/2019
Ext.B3 - Copy of Treatment Sheet
Ext.B4 - Photographs
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
