DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

Complaint No. 449/27.2.2007 Date of order: 12.3.2009.



G.S. Dhaliwal son of Dr. G.S. Dhaliwal, resident of H. No.253, Dr. Sham Singh Road, Ludhiana.

(Complainant)

Vs.



1. M/s C.C.L. Infonet (broadband Internet) 417-E, B.R.S. Nagar, Ludhiana through its Prop./partner.



2. M/s Asian Channel Communication 13572, Street No.2, Sewak Nagar, Dholewal, Ludhiana 141003 through its Prop./partner.



3. Sify Broadband High Speed Internet Services, SCO 37, Third Floor, Feroze Gandhi Market, Ludhiana through its Manager.

(Opposite parties)





Complaint under section 12 of the Consumer Protection Act, 1986.

….

Quorum:

Sh. T.N. Vaidya, President.

Sh. Rajesh Kumar, Member.



Present:

Sh P.M.S. Dhaliwal Advocate for the complainant.

Complaint against OPNo.1 dismissed.

Opposite parties no.2 7 3 ex-parte.



O R D E R

T.N. VAIDYA, PRESIDENT:

1. In this complaint under section 12 of the Consumer Protection Act, 1986, the complainant has claimed that on 20.2.2006, by paying Rs.1950/- including Rs.1000/- installation charges and internet charges of Rs.950/- for three months, obtained internet connection from opposite party no.1. In May,2006, opposite party no.1 apprised the complainant that the firm was partnership firm, account of which has been transferred to opposite party no.2 and that he should henceforth approach opposite party no.2. On demand raised by opposite party no.2, deposited Rs.95/- for renewal of internet facility for further three months and obtained receipt dated 22.5.2006. He thereafter got renewed internet connection from opposite partyno.2 in Sept.2006. But in December 2006, when the complainant approached opposite party no.2 for renewal of internet services, was told that there was technical problem in providing the services of Hathway Company and then required the complainant to shift to Sify Broadband of opposite party no.3 as they are having Franchisee of Sify Broadband High Speed Internet Services. Complainant then got installed Sify Broadband Internet Services as instructed by opposite party no.2 and deposited Rs.1000/- for plan charges and installation charges on 10.1.2007 and thereafter opposite parties no.2 & 3 closed the services in the end of Jan.2007. He then requested opposite party no.2 to provide the services but till today they are not providing internet services to the complainant. Even his request to opposite parties to refund the amount was never cared. Hence, this complaint for refund of amount of Rs.1000/- and compensation of Rs. 50,000/- for deficiency in service.

2. Complaint against OP No.1 was dismissed by the Forum vide order dated 20.2.2009. Opposite parties no.2 & 3 did not contest the complaint and are being proceeded ex-parte.

3. In order to prove his version, complainant has adduced ex-parte evidence by way of affidavit and documents.

4. We have heard the ld. counsel for the complainant and have gone through the file and scanned the documents and other material on record minutely.

5. Claim of the complainant is fully apparent from affidavit Ex.CW1/A, receipt Ex.C.1 dated 20.2.2006 of opposite party no.1 for Rs.1950/-; Ex.C.2 receipt dated 22.5.2006 of Rs.950/- of opposite party no.2; Ex.C.3 dated 8.9.2006 of Rs.950/- from opposite party. Further proved that complainant has applied for Sify Broadband vide application Ex.C.4 by paying Rs.1000/- as charges. When he was not provided internet by opposite party no.3, despite receipt of Rs.1000/-, issued legal notice Ex.C.6 to all the opposite parties vide postal receipt Ex.C.7 to C9 but to no effect. As such, deficiency in service on the part of opposite parties is established because opposite party no.2 shifted internet connection of the complainant to opposite party no.3 who received Rs.1000/- from him but to provide internet services.

6. Hence, we allow this complaint by passing this ex-parte order directing the opposite parties no.2 & 3 to refund Rs.1000/- to the complainant with 9% interest per annum from 1.1.2007 till payment and also to pay him compensation of Rs.5000/-(Rs. Five Thousands only) for harassment inclusive of litigation expenses. Compliance of the order be made within 45 days of the receipt of copy of the order, which be made available to the parties free of costs. File be completed and consigned to record.



Announced T.N. Vaidya, President

Dated 12.3.2008