Date of Filing:05.02.2010<br /> Date of Order: 03.04.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 03RD DAY OF APRIL 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 254 OF 2010<br /> <br /> Saurabh Vyas<br /> # 117 Cross Road<br /> Behind FCI East-end Main Road<br /> Jayanagar 4th T Block<br /> Bangalore 41 Complainant<br /> <br /> V/S<br /> <br /> YOU Broadband & Cable India Ltd.<br /> # 30, Scotts Annexe, 4th Floor<br /> Infantry Road, Bangalore 560 001 Opposite Party<br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant. <br /> The facts of the case are that he has taken broad band connection from the opposite party on 31.11.2009. He has paid three months rent in advance i.e. Rs. 3,065/- through cheque. After installation complainant was not happy with the speed. He informed the matter to service engineer. He was reluctant to help. The complainant asked about download speed. He answered with arrogance and said that “be happy with what you are getting”. Finally on 25.11.2009 complainant disconnected connection and put the cancellation request. On 06.01.2010 modem was picked up from his house and cancellation was considered. He used the service for 12 days. Complainant got refund of Rs. 500/- on 21.01.2010 and he was told that rest amount will not be refunded. Complainant submitted that he got cheated by the opposite party and he has got all kind of bad responses from the opposite party. Therefore, he has prayed for refund of the amount of Rs. 2,729/- and compensation.<br /> 2. After admitting the complaint notice issued to opposite party. Notice was served. When the case was set for appearance of opposite party on 22.03.2010 nobody appeared on behalf of opposite party. Therefore, opposite party was placed exparte. <br /> 3. Complainant has filed his affidavit evidence on 01.04.2010 and submissions of complainant were heard in person. <br /> 4. Perused the complaint, affidavit and documents.<br /> 5. The case put up by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter even though served with notice. Therefore, whatever the allegation made in complaint and affidavit shall have to be accepted as true and correct. As per the facts stated by the complainant the opposite party has committed deficiency in service. Therefore, the complainant is entitled for the refund of the amount paid by him. The complainant has paid three months rent in advance. But he has used the service only for 12 days. The complainant was not happy with the service. Therefore, he requested to cancel connection and his request was considered by the opposite party. But, unfortunately, whole amount was not refunded to the complainant. The opposite party has refunded Rs. 500/- to the complainant. The complainant is entitled refund of remaining amount. The complainant submitted that opposite party has refunded modem deposit amount of Rs. 500/-. The complainant has made payment of Rs. 3,065/- for three months and he has used service for 12 days, that means the opposite party is entitled Rs. 336/- for 12 days and remaining amount of Rs. 2,729/- is liable to be refunded. It is fair, just and reasonable to direct the opposite party to pay Rs. 2,500/- as round figure to the complainant. The complainant has claimed Rs. 90,000/- compensation for mental tension. This amount cannot be granted to the complainant, since, there is no proper proof or evidence to support the claim for compensation. The ends of justice will be met in directing the opposite party to refund Rs. 2,500/- to the complainant. In the result I proceed to pass the following:<br /> ORDER<br /> 6. The complaint is allowed. The opposite party is directed to refund Rs. 2,500/- to the complainant within 30 days from the date of this order. In the event of non-compliance of the order the above amount carries interest at 6% p.a. from the date of this order till payment / realisation.<br /> 7. The opposite party is directed to send the amount as ordered above to the complainant directly by way of D.D. / cheque with intimation to this forum.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 03RD DAY OF APRIL 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br />