BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

15^th DAY OF JUNE 2016

O R D E R

SMT. SHANTHA P.K, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Party (herein after referred as OP) with a prayer to direct the OP to refund the amount of Rs.1,482/-, to pay Rs.4,000/- as cost also direct the OP to pay Rs.90,000/- as relief to the complainant.

2. The brief averments made in the complaint are as under:

The complainant applied for Tikona Digital Networks Pvt. Ltd., i.e., OP broadband services and Broadband installation was done on 11^th November 2015 precisely between 4 P.M to 5 PM.  The complainant paid Rs.1,482/- advance which includes installation charges and one month rental.  Since 12^th November 2015 (next day morning) internet was not working.  The complainant followed up many times in Tikona customer care for the service to fix the issue but got only false assurances every time.

3. At last the complainant lodged a complaint Req. No.1-3765064756 for disconnect and refund with immediate effect on 14^th November 2015 (3 days later) customer care executive ensured the complainant about refund and needful action in 20 days as per company policy.  The complainant getting bills despite of disconnection request.  The complainant called up customer care again on 26^th November 2015 to validate the same.  They assured the complainant and said that it is auto generated bill and told the complainant to ignore the same till the disconnection request and refund issue get resolved.  The complainant followed up again and again for refund and request resolution, made almost more than 100 + calls but the status was same.

4. The complainant called up OP and had a discussion with Mr.Ansari (1-3936875456) on 17^th February 2016 and with Mr.Kailash (1-3936536654) on 18^th February 2016 the OP also assured the complainant about refund and disconnection.

5. The complainant got latest bill on 26^th February 2016.  Despite of refund the OP are sending an outstanding balance of Rs.649/- on the complainant.

6. This shows that OP are least bothered about the inconvenience and miserable condition of the customer.  Instead of disconnection and refund the OP are sending SMS, mails and calling frequently which made the complainant to undergo mental agony and torture.

7. Perused averments made in the complaint, affidavit filed in lieu of evidence, documents filed by the complainant and other materials placed on record.  We come to the conclusion that the complainant has put to great hardship, inconvenience and mental agony by the act of OP.

8. Here in this case, the complainant applied for Tikona Digital Networks Pvt. Ltd., Broadband service and installation was done on 11^th November 2015 precisely between 4 PM to 5 PM.  The complainant paid Rs.1,482/- advance which includes installation charges and one month rental.  The complainant attached the invoice of OP as Annexure-1 as a document.

9. Since 12^th November 2015 internet was not working the complainant called OP and requested to restore the services.  The OP assured the complainant that the issue will be resolved in 24 hours.  Again the complainant called up on 13^th November 2015 to check if any technical person is coming to fix the issue.  Again the same false commitment.  No one visited the complainant home to resolve the issue.  Annexure.2 to 7 attached by the complainant which shows the mail communication between the complainant and OP as a document.

10. Then the complainant decided to lodge a complaint on 14^th November 2015.  After lodging a cancellation request the complainant got a call from OP.  They requested not to stop the services, whatever the issue is there they will fix it shortly and assured that if the complainant is not satisfied with services they will refund full amount.  Next day, on 15^th November 2015 technical engineer visited the complainant’s place and fixed the issue.  Again the complainant began to face the same problem in next few hours on the same day and services became unavailable.  The complainant requested OP through e-mail (Annexure-5 is attached as a document) for immediate disconnection and refund full amount.

11. OP assured the complainant, process of cancellation and refund request in 20 days.  Mean while the complainant received a bill of Rs.449-73 on 26^th November 2015 (bill has been attached as a document).  The complainant called up OP to validate the same.  But OP confirmed that, it is auto generated bill and can be ignored and updated the status stating that cancellation request is still in progress.  Once it is closed, the complainant will receive refund amount as a cheque.

12. The complainant received a call from OP regarding outstanding balance.  The complainant again requested the update on cancellation and refund the status through e-mail.  The complainant kept calling OP but no progress on cancellation and refund.  The complainant warned OP on 17^th December 2015 to sending bill and refund full amount.  The complainant also requested the Appellate Authority to take action on 17^th February 2016.  Finally the request took 5 months to closure on 6^th March 2016 but the complainant still getting bills.  Also annexure-14 for connection closure confirmation attached as document.

13. The complainant got a call from OP agent stating that they will charge for installation instrument/devices.  That complainant claims that OP had not provide any other device except network cable.  This shows gross negligence and conduct of OP is deficiency in their service and made the complainant to file a complaint against OP.  Despite service of notice OP remained absent and was placed ex-parte.  Thereafter, the complainant filed his affidavit by way of evidence and also written arguments with documents.

14. For the reasons mentioned above, we are of the opinion that the complaint filed by the complainant deserves to be allowed.  Hence, we proceed to pass the following:

       O R D E R

The complaint filed U/s.12 of the Consumer Protection Act, 1986 by the complainant is allowed in part.  OP is directed to refund amount of Rs.1,482/- to the complainant within 30 days from the date of receipt of this order, in default pay interest at 9% p.a till realization.  Further OP is directed to pay compensation of Rs.1,000/- to the complainant for causing hardship, inconvenience and mental agony together with litigation cost of Rs.2,000/-.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 15^th day of June 2016)

MEMBER                            MEMBER                     PRESIDENT

Vln*

COMPLAINT No.395/2016

Complainant                 -        Sri. Raj Kumar Verma,
                          Bangalore-560064.

                                          -vs-

Opposite Party              -        Tikona Digital Networks Pvt. Ltd.,
                                                    Mumbai – 400 078.

Witnesses examined on behalf of the complainant dated 05.05.2016.

1. Sri. Raj Kumar Verma,

                 OP    -       Absent

MEMBER                            MEMBER                     PRESIDENT

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