Case No.CC/396/2022

Date of Institution:- 07.11.2022

Order Reserved on :- 19.11.2024

           Date of Order :-16.12.2024

IN THE MATTER OF:

Sh.ShayanLahiri

S/o Sh. SubrataLahiri,

R/o Flat No.74, Vidyasagar Apartments,

Plot-34, Sector-6, Dwarka (South  West Delhi),

New Delhi – 110075.

          …..Complainant

VERSUS

M/s.Nextra Teleservices Pvt. Ltd.

Plot No.48, District Centre,

MayurVihar, Phase I Exension,

Delhi – 110091.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatthe complainant has taken a broad band connection from OP on 15.04.2018 vide customer ID 2119245.  The complainant was not satisfied with the services of OP.  The customer has received a more feasible offer and better connection from Airtel.  The complainant has sent email on 27.01.2019 to the OP to terminate the connection. The customer also sent emails to the OP dated 29.01.2019, 10.02.2019, 27.02.2019, 02.04.2019, 04.04.2019, 24.04.2019 and 27.04.2019 which were received by the OP and the router was taken back by the OP only on 06.03.2020.  The complainant has sent emails to the OP dated 14.09.2020, 12.10.2020, 21.10.2020 and 22.11.2020 for refund of security deposit.  The OP has assured the complainant for refund money but the money was not credited to his bank account. The complainant has informed the nodal officer of OP through email dated 05.12.2020 but this did not yield any positive outcome.  The complainant has informed the appellant authority of OP vide email dated 07.01.2021 for the complainant has not received any assistance from the appellant authority.  On 09.09.2021, OP has conveyed through National Consumer Helpline (NCH) portal that refund would be processed expeditiously and accordingly the docket was closed by them.  The complainant has not received refund of his security deposit Rs.1,000/-.  Hence, this complaint. The complainant has prayed for refund of security deposit of Rs.1,000/- alongwith interest and penalize OP for the extreme harassment and mental agony.
2. Notice was served to OP.  OP did not appear despite due service and proceeded Ex-Parte vide order dated24.11.2023. 
3. The complainant has filed ex-parte evidence and written arguments in support of his case.
4. We have heard complainant and perused the record of the case.
5. It is the case of the complainant that he has taken a broad band connection from OP on 15.04.2018 vide customer ID 2119245.  The complainant was not satisfied with the services of OP.  The customer has received a more feasible offer and better connection from Airtel.  The complainant has sent email on 27.01.2019 to the OP to terminate the connection. The customer also sent emails to the OP dated 29.01.2019, 10.02.2019, 27.02.2019, 02.04.2019, 04.04.2019, 24.04.2019 and 27.04.2019 which were received by the OP and the router was taken back by the OP only on 06.03.2020.  The complainant has sent emails to the OP dated 14.09.2020, 12.10.2020, 21.10.2020 and 22.11.2020 for refund of security deposit.  The OP has assured the complainant for refund money but the money was not credited to his bank account. The complainant has informed the nodal officer of OP through email dated 05.12.2020 but this did not yield any positive outcome.  The complainant has informed the appellant authority of OP vide email dated 07.01.2021 for the complainant has not received any assistance from the appellant authority.  On 09.09.2021, OP has conveyed through National Consumer Helpline (NCH) portal that refund would be processed expeditiously and accordingly the docket was closed by them.  The complainant has not received refund of his security deposit Rs.1,000/-.
6. The complainant has paid consideration for broad band connection to the OP and has paid Rs.1,000/- for the security deposit.  The complainant was not satisfied with the services of OP and hence he requested to disconnect his broad band connection on 27.01.2019.  The OP has taken back the router on 06.03.2020 but the security deposit was not refunded by the OP.  The OP was under obligation to refund security deposit when the complainant has requested for disconnection of broad band connection. This act apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
7. The allegations made by the complainant have gone unchallenged, unrebutted and uncontested and as such whatever has been placed on record is relied upon.
8. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.1,000/- (Rupees One Thousand)andRs.6,000/- (Rupees Six Thousand)as lumpsumfor mental harassment and litigation charges to the complainant within 45 days from date of receipt of order failing the complainant is entitled for interest @ 7% p.a. on entire amount till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 16.12.2024.