DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.16/2023
Akshit Kumar
R/o House No.163, Rajpur Khurd Extension
Chhattarpur, New Delhi-110068
.Complainant
Versus
Siti Networks Limited
Having registered office at:
Building No.-FC-09,
1st Floor Essel Studio,
Sector 16A Noida,
Uttar Pradesh-201301
….Opposite Party
Date of Institution : 17.01.2023
Date of Order :24.07.2024
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Present: Complainant in person.
None for OP.
ORDER
Member: Ms. Kiran Kaushal
1. Briefly put, complainant took Broadband Services from SITI Networks Limited, hereinafter referred to as OP. Complainant paid consideration of Rs.2,831/- on 08.06.2022 but the services provided by OP were not up to the mark/not delivered.
2. It is stated that after receiving the payment OP kept on delaying the installation and after two days, he stopped picking up the complainant’s calls and also stopped replying on the Whats app. The complainant contacted OP’s Customer Care but no positive response was received. The complainant thereafter sought refund from OP and he was promised that the amount would be refunded within 15 days. However, despite six months having been passed, complainant till date has not received the refund.
3. Alleging deficiency of service and unfair trade practice, complainant prays for direction to OP to refund Rs.2,831/- and Rs.20,000/- as compensation towards mental agony and harassment along with cost of litigation.
4. Despite due service none appeared on behalf of OP, therefore OP was proceeded exparte vide order dated 28.04.2023. Evidence by way of affidavit has been filed by the complainant. Submissions made by the complainant are heard. Material placed on record is perused.
5. On perusal of the material placed before us, it is seen that complainant paid Rs.2,831/- to OP vide invoice dated 08.06.2022. As OP failed to provide the service, complainant sought refund and OP vide email dated 22.06.2022 confirmed that they have received the bank account details of the complainant and the refund request is under process. The mail further states that as per the process, refund takes approximately 15 days and OP shall inform once it is done.
6. Since the complaint was filed in the Commission after almost six months of the said mail and the complainant had not received the refund, we are of the view that OP is grossly deficient in service and has indulged in unfair trade practice by not providing the services as promised after receiving the consideration amount. OP is also found to be deficient on account of making false assurances and promises to refund the said amount and not fulfilling the promises.
7. Therefore, this Commission allows the complaint and directs the OP to refund Rs.2,831/- with interest @8% p.a within 03 months from the date of order failing which OP shall pay the above stated amount @10% p.a till realization. Additionally, OP is directed to pay Rs.10,000/- towards harassment and litigation cost.
Parties be provided copy of the judgment as per rules. File be consigned to the record room. Order be uploaded on the website.
