This case is coming for final hearing on 12.01.2015 in the presence of Sri Complainant in person and Opposite Party called absent and set exparte and having stood over till this date, the Forum delivered the following:
1. The present complaint is filed by the Complainant (in person) against the Opposite Party VOL Broadband on 3.11.2014 under Sec.12 of C.P.Act and requested the Forum to direct the Opposite Parties (1) to refund an amount of Rs.2,355/- along with interest at the rate of 18percent p.a. from 24.09.2014 till the date of realization (2) to pay compensation of Rs.50,000/- for causing inconvenience and damages (3) to pay Rs.5,000/- towards expenses and litigation charges.
The brief facts are as follows:- The Complainant submits that the Opposite Party is doing Broadband Internet business under the name and style of VOL Broadband at Dwarakanagar, Visakhapatnam. The complainant for the purposes of his personal use and for searching employment prospects availed broadband internet connection under 3 months package on payment of Rs.2,335/- to the Opposite Party. The Opposite Party after receiving the said amount issued the Cash Receipt dt. 24.09.201r vide receipt No.2810 & Customer ID No.41032-C. After paying the said amount to the Opposite Party, the complainant is not getting Internet Connection and the net connection started giving troubles to the Complainant. The Complainant intimated the same to the Opposite Party and the Opposite Party did not responded for the same and at the same time Opposite Party is intentionally dragging the issue on one or other pretext. Hence having no other alternative remedy, the complainant has filed the present complaint against the Opposite Party seeking reliefs as sought for.
Notice has been served to the Opposite Party. The District Forum received acknowledgement from the Opposite Party with signature and seal on the acknowledgement card. On 27.11.2015 as there is no representation from the side of the Opposite Party, the Opposite Party was set exparte.
The Complainant filed his Evidence Affidavit narrating the entire facts mentioned in the complaint and on his behalf the receipt No.2810, dt. 24.09.2014 is marked as Ex.A1. The Complainant submitted written arguments and also adduced oral arguments.
On perusal of the aforementioned pleadings of the Complainant, the Forum has framed the following pointsfor consideration:
Whether there is any deficiency on part of the Opposite Parties
To what relief.
Point Nos.1 & 2: The present complaint is filed by the Complainant against the Opposite Party for refund of Rs.2,355/- along with interest at the rate of 18percent p.a. from 24.09.2014 till realization along with compensation with costs. As Internet connection is not connecting properly to the Complainant even after paying the amount of Rs.2,355/- to the Opposite Party.
Ex. A1 is the Receipt dt. 25.09.2014 vide No.2810. Ex.A1 reveals that the Complainant has obtained a new connection of Internet from the Opposite Party VOL Broadband.
The present complaint is filed by the Complainant in person. Though the Complainant has stated that he has obtained the Internet connection from the Opposite Party for his personal use and in search of the employment prospects, he does not file any documentary proof that he is in search of employment but observing the facts we conclude that he has obtained the same for his personal use only. Observing the Ex.A1, Receipt dt. 24.09.2014 signed by the Opposite Party and the Notice served to the Opposite Party for his appearance on 27.11.2014 along with Acknowledgement card signed by the Opposite Party, it seems even after the receipt of the Notice from the District Forum also, the Opposite Party did not came forward to settle the issue and to show the benefits on his part. Hence, observing the Acknowledgement card signed by the Opposite Party along with the contents of the Complainant and Ex.A1, Receipt, we conclude that there is deficiency of service on part of Opposite Party for not responding to the request of the complainant in rectification of the Internet connection problem.
As per the aforementioned paragraph No.7, we are of that confirmed decision that there is deficiency of service on part of Opposite Party and observing the facts and circumstances of the complaint along with the Acknowledgement card signed by the Opposite Party for receiving the Notice from this Forum, we are of conclusive opinion that the complainant is entitled for refund of amount of Rs.2,355/- from the Opposite Party along with interest at the rate of 9percent p.a. from 30.01.2015 till realization. As interest is awarded the Complainant is not entitled for compensation and he is entitled only for the costs for litigation as the circumstances were forced with the complainant to approach this Forum. So we are of opinion that the Complainant is entitled costs for Rs.1,500/- from the Opposite Party.
Accordingly Point Nos.1 & 2 are answered.
In the result the complaint is allowed in part. The Opposite Party is directed to refund Rs.2,355/- along with interest at the rate of 9percent interest from 30.01.2015 till realization. The Opposite Party is directed to pay Rs.1,500/- towards costs for litigation. Time for compliance is 30 days from the date of receipt of this Order.
Dictated to the Stenographer, transcribed by him, corrected by me and pronounced by us in the open Forum on this the 30th day of January, 2015.
Sd/- Sd/-
President (FAC) Member District Consumer Forum – I,
Visakhapatnam
APPENDIX OF EVIDENCE
Exhibits Marked for the Complainant:
Ex.A1 24.09.2014 Cash receipt No.2810 of Opposite Party Original
Exhibits Marked for the Opposite Party:
NIL
Sd/- Sd/-
President (FAC) Member District Consumer Forum – I,
Visakhapatnam
