Date of Filing: 21/06/2011

        Date of Order: 28/07/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  28^th DAY OF JULY 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO. 1128 OF 2011

Snigdha Chakraborty,

Govinda’s Raj House,

Flat: A-5, Uday Nagar,

Tin Factory, Bangalore-16.

(Rep. by Inperson)                                                                    Complainant.

-V/s-

The Regional Manager/Manager/Office-in-charge,

Tikona Digital Networks Pvt. Ltd.,

191, Amarjoti Layout, 1^st Floor,

Intermidite Ring Road, Domlur,

Near to TVS Service Centre,

Bangalore-71.                                                                       Opposite party.

BY SRI SRI.KESHAV RAO PATIL, MEMBER

ORDER

            The brief antecedents that lead to the filing of the complainant made under section 12 of the Consumer Protection Act, seeking direction to the opposite party to pay a sum of Rs.70,000/-, are necessary:-

            On 21.04.2010 by paying the annual amount of Rs.5,317/- to the opposite party the complainant got internet connection from it.  After repeated complaints of their deficiency in service the complainant gone for disconnection on 28.11.2010.  For which the opposite party gave the No.1-1456280551.  The complainant requested the opposite party to refund the balance amount.  The opposite party tried to give the service on 23.12.2010, but failed and the refund was sought for, which the opposite party has given another No.1-1537482056.  In spite of that the opposite party has not refunded the money.  Hence the complainant is seeking refund of compensation of Rs.70,000/-.

2.        In this case the notice served on the opposite party as per the postal acknowledgment but the opposite party did not contest the proceedings throughout.  The complainant has stated that her complaint and documents be read as her evidence.  Hence arguments were heard.

3.        The points that arise for our consideration are:-

1. Whether there is deficiency in service?
2. What order?

4.        Our findings on the above points are:-

            Point (A)       :           In the Positive.

Point (B):           As per the final order

For the following:-

REASONS

POINT (A) & (B):-

5.        Reading the complaint in conjunction with the documents on record it is established that the complainant had obtained the internet connection on 21.04.2010 from the opposite party by paying the annual subscription of Rs.5,317/-.  It means for the use of the internet services for one year the complainant has paid Rs.5,317/- which the opposite party has accepted.  It is also established that the service of the opposite party for the internet connection was very poor, hence the complainant sought disconnection of the internet service.  As such the internet was disconnected on 25.11.2010.  The complainant sought the refund of the amount.  When the service itself is not being utilized by the complainant and it is poor and was deficient the opposite party was bound to return the balance amount of the unused internet amount of Rs.2,820/- which has been not done by the opposite party.  Hence the complainant is entitled to that.  In spite of the complaints, letters, notices and e-mails the opposite party has failed to refund the money.  Hence the complainant is entitled to the same.  Hence we proceed to pass the following:-

ORDER

1.        The complaint is Allowed-in-part.

2.        The opposite party is directed to pay to the complainant a sum of Rs.2,820/- together with interest thereon at the rate of 12% per annum from 25.11.2010 until payment within 30 days from the date of this order .

3.       The opposite party is also directed to pay Rs.2,000/- to the complainant towards cost of this litigation.

4.       The opposite party is directed to send the amounts as ordered at Serial Nos. 2 & 3 above through DD by registered post acknowledgment due to the complainant and submit the compliance report to this Forum with necessary documents within 45 days.

5.       Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.

6.       Send a copy of this order to both parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 28^th  Day of July 2011)

MEMBER                                               MEMBER                                         PRESIDENT