CC No.1510/2016

Filed on:19.11.2016

Disposed on:15.11.2017

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 15^th DAY OF NOVEMBER 2017

CONSUMER COMPLAINT NO.1510/2016

PRESENT:

 Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

         PRESIDENT

              Smt.L.MAMATHA, B.A., (Law), LL.B.

                       MEMBER

                                    V/S

ORDER

BY SMT.L.MAMATHA, MEMBER

1. This Complaint was filed by the Complainant on 19.11.2016 U/s 12 of the Consumer Protection Act, 1986 and praying to pass an Order directing the Opposite Parties to refund amount of Rs.2,330/- along with interest and to pay compensation of Rs.50,000/-.   

2. The brief facts of the complaint as under:

In the complaint, the Complainant states that he seeing the advertisement of Tikona Digital Networks and the Opposite Parties representative visited the Complainant’s rented house and assured excellent uninterrupted broadband services.  First they installed the device for testing purpose.  They were impressed by the quality for the internet speed.  The Opposite Parties proposed the Internet Package of Rs.2,330/- for 3 months unlimited service with 4 MBPS speed.  The representative informed that there is no installation fee for this package.  The Complainant believed the Tikona Internet Service offer and paid amount of Rs.2,330/- on July 20, 2016 through Net Banking.  But after installation, from day one, the Complainant always faced issues with internet connectivity, rarely it use to connect but the Internet speed was pathetic, less than 1 MBPS speed.  The Complainant called the Tikona Customer Care and complained the issue.  One of the Tikona representative came after several calls, after 2-3 days.  By inspecting the device, he said the device needs to be replaced after checking the speed himself which was below 1 MBPS.  The representative did not turn back for 3-4 days.  After several calls, he came back and replaced the device after a week.  But the internet stopped working thereafter.  The Complainant was not able to login to the Internet.  The Complainant called to Customer Care several times every day for several days.  But no one from Tikona tried to resolve the issue.  They always mislead by confusing him that they will contact Area Sales manager and false promise of resolution.  The Complainant was frustrated by calling to Customer Care and sending mails to Customer Care.  As he had shifted from Trivandrum to Bengaluru, he was badly in need of Internet to work from home.  He was not able to join important office meetings.  The worst Internet service provided by Tikona He had to face escalation meetings as he was not able to deliver his work on time.  Due to worst Internet service they faced mental harassment and spent time and money by following up the internet issues with Tikona Customer Care.   The Complainant decided to stop the service from Tikona and sent a mail to discontinue the internet service on Aug 03, 2016.  They also lodged a complaint at National Consumer Helpline Docket No.4073719077316. After disconnection mail, several Customer Care representatives called him and said they will resolve the issue.  But the Complainant never believe them because of the experience he had and every time asked them to disconnect and pay back his money Rs.2,330/-.   After several reminders on disconnection, they acknowledged on disconnection on Aug 30, 2016.  He didn’t understand why they too, almost a month to acknowledge the disconnection.   No one from Tikona came to collect the device.  Again, after several reminders mails, the Customer Care representative assured the device will be collected soon.  The Complainant was thinking of getting new Internet connection from another vendor after Tikona disconnection is completed.  After several calls, finally a person from Tikona arrived on Oct 14^th, 2016.  Almost after 2 months after disconnection request was placed.  Why should one wait for 2 months for disconnection completion.  On Oct 22, 2016, Tikona sent a mail on Full and Final Settlement.  The mails stated that Rs.899/- will be refunded within 30 days.  The cheque dt.14.11.2016 has been received on 17^th Nov 2016, with Rs.899.92/-. Despite sending so many mails to refund Rs.2,330/- he did not understand how they arrived at Rs.899.92/-.  Hence, this complaint.

3. Even though, notice was served on the Opposite Parties, Opposite Party fails to put their appearance.  Hence placed ex-parte.

4.   In support of the complaint, he has filed his affidavit by way of evidence.  Heard the arguments of the Complainant.
5.  The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Parties?

2. If so, to what relief the Complainant is entitled?

6.  Our findings on the above points are:-

                POINT (1):- Affirmative

                POINT (2):- As per the final Order

REASONS

7. POINT NO.1:- On perusing the pleadings along with documents produced by the Complainant, it reveals that seeing the advertisement of Opposite Parties Networks.  The Complainant paid Rs.2,330/- on 20.07.2016 through net banking.  The Opposite Parties representative informed that there is no installation fee for this package.  But after installation, from day one, Complainant always faced with issues with internet connectivity, rarely it use to connect.  To substantiate this fact, the Complainant filed his affidavit.  In his sworn testimony he has reiterated the same and also in support of his sworn testimony, he produced copy of the payment acknowledgment, copy of mail communications.  By looking into these documents, it clearly shows that the Complainant installed Tikona Internet Service offer and paid Rs.2,330/- on 20.07.2016. The Opposite Parties representative informed that there is no installation fee for this package.  But after installation, from day, Complainant faced issues with internet connectivity, internet speed was less than 1 MBPS speed.   The Complainant complained with Opposite Parties. One of the representative by inspecting the device, he said that the device needs to be replaced after checking the speed which was below 1 MBPS.  After several calls and request the Opposite Parties representative replaced the device.  But internet connection stopped working thereafter. The Complainant called several times to Opposite Parties.  But the Opposite Parties were never bothered to resolve the issues.  Due to the deficient service of Opposite Parties the Complainant suffered mental agony and financial loss.   The Complainant in need of internet to work from home.  On 03.08.2016 the Complainant sent a mail to discontinue the internet service and pay back his money.  On 30.08.2016 the Opposite Parties were acknowledged the disconnection.  But no one from Opposite Parties came to collect the device, after 2 months i.e., on 14.10.2016, the Opposite Parties representative arrived.  On 22.10.2016 the Opposite Parties sent mail stated that Rs.899/- will be refunded within 30 days.  On 17.11.2016 the Complainant received cheque dt.14.11.2016 with Rs.899.92/-.  But in spite of several request of Complainant to refund Rs.2,330/-, the Opposite Parties were not refunded.  The testimony of the Complainant remains unchallenged.  If at all the Opposite Parties were rendered good service, they ought to have produced relevant evidence.  But there is no such evidence.  Therefore, it is proper to accept the contention of the Complainant that the Opposite Parties have neither rendered good service nor refund the full amount.  To disbelieve the version of the Complainant, nothing was on record.  Inspite of repeated requests, the Opposite Parties were never bothered to fulfill the demand of the Complainant.  Thereby, this clearly shows that there is deficiency in service on the part of the Opposite Parties.  Hence, this point is held in the affirmative.

ORDER

The complaint is allowed holding that there is deficiency of service on the part of the Opposite Parties.

The Opposite Parties are directed to refund Rs.1430.08 along with interest at 12% p.a. from the date of payment till the date of realization. 

The Opposite Parties are further directed to pay a sum of Rs.5,000/- as compensation to the Complainant for causing mental agony. 

The Opposite Parties are directed to pay a sum of Rs.1,000/-towards cost of this litigation to the Complainant.

The Opposite Parties are directed to pay aforesaid amount within 45 days from the date of this order.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 15^th day of November 2017 )

        MEMBER                                              PRESIDENT 

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Sri.Ravindra Kumbar , who being the Complainant has filed his affidavit.

 List of documents filed by the Complainant:

1. Payment Acknowledgement from Tikona
2. Service disconnection mail sent to Tikona
3. Follow up mail from Complainant
4. Disconnection Acknowledgement from Tikona
5. Full and final Settlement Form Tikona dt.22.10.2016
6. Reactivation/CPE Removal Letter
7. Cheques of HDFC Bank

Witness examined on behalf of the Opposite Parties:

                             Nil

List of documents filed by the Opposite Party:

                             Nil

MEMBER                                                             PRESIDENT