Complainant present in person

Opponent Without written version

Per : Mr. V. P. Utpat, President              Place   :  PUNE

                                                    J U D G M E N T 

       17/06/2014                                                                 

          This complaint is filed by the consumer against the opponent for deficiency in service under section 12 of the Consumer Protection Act, 1986.  The brief facts are as follows,

1]       The complainant is a resident of Paud Road, Pune – 38.  Opponent is dealing in the business of broadband at Shivajinagar, Pune.  The complainant is having his own business Transformer Servicing & Maintenance.  For that purpose he was in need of internet connection to explore his business.  The complainant renewed his connection by making payment of Rs. 3,591/- for one year.  The said plan contains 18 GB with 2 Mbps speed for one year.  The plan tenure is from 10/09/2013 to 06/09/2014.  The daily consumption of the complainant is near about 10 MBs.  The complainant had used the internet connection for 16 days and he was expected that he will receive the bill for 160 to 190 MBs.  However, the opponent has shown 1261 MBs for the said period.  This fact was immediately communicated to the opponent.  The complainant had pointed that he is getting excess bill.  Hence, he has claimed refund of Rs. 3,591/-, compensation of Rs.10,000/- for harassment, inconvenience and mental agony and Rs. 500/- towards costs of the proceedings.   

2]      The opponent though duly appeared through Advocate on 6/1/2014 but failed to file written version.  Hence the complaint proceeded for hearing without written version.

4]      The allegations made by the complainant in the complaint and affidavit remained unchallenged and corroborated by documentary evidence, such as E-receipt and details of usage of internet.   As it reveals from the record that the complainant had used internet for 15 days, he is not entitled for entire amount, which was paid by him.  It is the opinion of the Forum that the complainant is entitled for Rs.3,000/- as refund of the said amount.  He is further entitled for compensation of Rs. 2,000/- and Rs. 500/- towards costs of the proceeding.     In the result the Forum pass the following order.  

                                     O R D E R 

1. The complaint is partly allowed.

1. It is hereby declared that the opponent has caused deficiency in service. 

1. The opponent is directed to refund an amount of Rs. 3,000/- (Rs. Three  Thousand only), an amount of Rs.2,000/- (Rs. Two Thousand only) towards compensation for inconvenience and mental harassment and an amount of Rs. 500/- (Rs. Five Hundred only) towards costs of the complaint within six weeks from the date of receipt of copy of this order.

4.       Copies of this order be furnished to the parties free of cost.

6.       Parties are directed to collect the sets, which were provided for Members within one month from the date of order, otherwise those will be destroyed.