Tamil Nadu

North Chennai

CC/84/2016

S.C.Vishwanth - Complainant(s)

Versus

Tikona Digital Networks - Opp.Party(s)

S.C.Vishwanth (party In person)

04 May 2018

ORDER

 

                                                            Complaint presented on:  13.04.2016

                                                                Order pronounced on:  04.05.2018

 

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

 

FRIDAY  THE 04^th   DAY OF MAY 2018

 

C.C.NO.84/2016

 

 

S.C.Vishwanth,

S/o. S.V.Chandra Sekar,

M4, Singapore Plaza,

164, Linghi Chetty Street,

Near Andhra Bank,

Chennai – 1.

                                                                                    ….. Complainant

 

..Vs..

Tikona Digital Networks,

Represent by its Manager,

“CORPORA” Office – 3A,

3^rd Floor, LBS  Marg,

Bhandup (West),

Mumbai – 400 078.

.....Opposite Party

Date of complaint                                 : 03.06.2016

Counsel for Complainant                      : Party in Person

Counsel for Opposite Party                      : Party in Person

 

 

 

O R D E R

 

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

          This complaint is filed by the complainant to direct the opposite party to pay compensation for deficiency in service and mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant is a practicing advocate. He availed internet connection from the opposite party. During November 2012 he had deposited a sum of Rs.1,500/- towards installation charges and taken monthly  rental plan of Rs.599/- and later converted the plan into Rs.600/- per month. The opposite party had not at all given prescribed speed limit and the net connectivity was disconnected frequently. More than 65% of total timings, the complainant were unable to login.

          2. During January 2016, the internet connectivity was not connected and even unable to login home page. This position became worst in the month of February and March 2016. The complainant registered complaint on all three months. However, none of the complaints were resolved by the opposite party. The speed of the plan is 4 MBPS. But the said speed was not given for his utilization. However, the opposite party regularly issued the bills for payment. The complainant unable to use his internet connection and he could not run for browsing centers to carry out his work. The complainant directed to rectify the issue over mail dated 18.03.2016 in respect of complaint No.1-3995298956. But as on date the said complaint was not known. 

          3. Since, the opposite party has not provided the speed and also internet connectivity were also not given regularly from 2016, the opposite party committed deficiency and due to that the complainant failed to carry out his work and suffered with mental agony. Hence the complainant filed this complaint to direct the opposite party to pay compensation for deficiency in service and mental agony with cost of the complaint.           

4. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The complainant had used internet connectivity 10969 MBs for the month of January 2016 from 26.12.2015 to 25.01.2016 and 10969 MBs for the month of February 2016 from 26.01.2016 to 25.02.2016. He also used 16442 Mbs in the month of March, 2016. The complainant mentioned the complaint No.1 – 3995298956 belongs to another Tikona Account with UID 1104878347 of himself. The complainant could not address the complaint from unregistered e-mail ID. The opposite party also informed him to write an e-mail from registered e-mail ID only. The complainant continuously using the internet services and has paid the bills. Therefore, there is no deficiency committed by the opposite party in providing service to the complainant

5. POINTS FOR CONSIDERATION:

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

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

6. POINT NO :1 

          It is an admitted fact that the complainant availed internet service connection from the opposite party and he was using the same from the year 2012 November onwards and Ex.A1 is the user details and Ex.A2 is the payment history for the complainant used the internet connection.

          7. The complainant alleged deficiency against the opposite party is that there were frequent non-connectivity in the connection and more particularly from January 2016 onwards to March 2016, he was unable to login due to the non-connectivity of the internet provided by the opposite party and even though several complaints were made, the same was not resolved by the opposite party and hence the opposite party has committed deficiency in service to him.

          8. The complainant marked Ex.A3 failure pages to prove non-connectivity of internet. He also marked Ex.A4 speed failure issues. How speed was failed has not been explained by the complainant in his evidence. Ex.A3 shows took too long to respond and reload. It is not the case of the complainant that the internet connectivity was disconnected throughout days. As per Ex.A3 it has to be construed only some time the site cannot be reached.

          9. The opposite party specifically taken a stand that the complainant used 10,969/- MBs in the month January bill, 10969 MBs in the February bill and 16,442 MBs in the Mach bill used by the complainant. To prove the same the opposite party field Ex.B1 to Ex.B3 bills for those months. The complainant not also disputed the aforesaid usage. Therefore, it is clear that the complainant regularly used the internet connection from January 2016 to March 2016 and hence the allegation of the complainant that he was provided very poor internet connectivity for those months has not been accepted and hence we hold that the complainant has not proved the deficiency committed by the opposite party and further, it is held that the opposite party has not committed deficiency in service to the complainant.

 

10. POINT NO:2

Since the Opposite Party has not committed any Deficiency in Service, the Complainant 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 04^th day of May 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated NIL           Account User Details

Ex.A2 dated NIL           Payment History

Ex.A3 dated NIL           Net Connectivity Failure pages

Ex.A4 dated NIL           Speed Failure Issues

Ex.A5 dated NIL           Speed Test Results

Ex.A6 dated NIL           Previous Bills – Serial

Ex.A7 dated NIL           Connection in UID 1104878347

 

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated NIL            Annexure – 1

 

Ex.B2 dated NIL            Annexure – 2

 

Ex.B3 dated NIL            Annexure – 3

 

Ex.B4 dated NIL            Annexure – 4

 

Ex.B5 dated NIL            Annexure - 5

 

 

 

 

MEMBER – I                                                               PRESIDENT