[Resolved]  Tata Indicom — data card not working

Address:

Thane, Maharashtra

Ms. Smita Sharma,
residing at C 2/ 002, Ground Floor,
Swastik Residency, G.B. Road,
Thane (West),
Behind Mauchara College,
Mumbai, Maharashtra- 400 601 ...COMPLAINANT

VS

Tata Teleservices (Maharashtra) Limited
Plot no. D-26, TTC Industrial Area,
MIDC, Sanpada,
P.O. Turbhe,
Mumbai: 400 703. …..OPPOSITE PARTY


COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT, 1986
MOST RESPECTFULLY SHOWETH:



1. The Complainant runs a business of Corporate Gifting on a large scale since several years and is successfully carrying on the same.

2. The Complainant had purchased a Walky under 225 Plan in December 2007 from the Opposite Party’s marketing agent situated at Thane for which the Complainant had made full payment vide receipt no. 926377. As per the scheme prevailing then, the Complainant was offered a Data Card (USB) alongwith the Walky on such terms and conditions as was applicable in the said scheme. Upon the Complainant availing the said scheme, she was given tall assurances about the usage, connectivity, quality etc. of the products, schemes etc. of Tata and based on the said representations of Opposite Party’s representatives the Complainant readily availed the offer of the Opposite Party. A copy of the purchase bill of the Walky and the USB is marked and annexed hereto as Exhibit-A and Exhibit-B respectively.

3. Much to the dismay of the Complainant, in September 2008 the USB modem had discontinued working for the best reasons known to the Opposite Party. To which the Complainant immediately called up the service centre of the Opposite Party to get the same repaired or replaced. However to add to the misfortune of the Complainant, none of representatives of the Opposite Party even bothered to respond to the Complainant’s dilemma. This Hon’ble Forum would definitely agree with the fact that since the said USB modem was under warranty, the Complainant was definitely entitled to the replacement or repairing of the said modem.

4. Thereafter the Complainant perceptibly could not use the internet connection which is unjustifiable. However the Complainant was shocked to see the bill amount purporting the internet usage made by the Complainant. Since the modem was not working the Complainant using/ surfing the internet to such an extent does not arise at all. Hence the Complainant disputed the same and requested for a detailed statement of the same. As was anticipated by the Complainant, once again representatives of the Opposite Party failed to respond to Complainant’s requests and pleadings. Since the same was disputed and the Complainant was awaiting a detailed statement, the Complainant had no option but to delay the payment of the bill. The Complainant was once again on a spree of making complaints by making innumerable calls for the same but of no avail at all, leaving the Complainant in a lurch.

5. One very important and vital point which the Complainant would like to draw kind attention of this Hon’ble Forum is this that the due to the non-usage of the internet connection the Complainant could not send and/ or important mails for which she has incurred huge business losses, which may please be seriously noted. The Complainant is quite deprived of the genuine right of the Complainant, which she is bound to receive the same and for the same the Opposite Party is bound by it.

6. The Complainant had requested representatives of the Opposite Party to resume the internet services, but much to the dismay of the Complainant the said representatives have never responded positively or otherwise. It is hereby further stated that inspite of the aforesaid complaints and innumerable oral and written requests made to the said representatives, the Opposite Party has failed and neglected to respond to the Complainant’s pleadings.

7. Considering the time constraints and dire need of the internet connection, the Complainant once again bought a new photon+ broadband from the Opposite Party’s Gallery, Thane on 23rd October 2009, which worked well for 2-3 days but was disconnected on the context that the Complainant’s old bill for the said data card was unpaid. However the Complainant was once again traumatized and did not know how to react to such a situation. Please note that the Complainant never ever denied the payment of the bill it was only that she had requested for a detailed statement and the representatives of the Opposite Party failed to provide the same.

8. Thereafter the Complainant was constrained to mail a complaint to you citing her predicament on 4th November 2009. A copy of the said mail is annexed and marked hereto as Exhibit-C.

9. Further upon the receipt of the said complaint the representative of the Opposite Party gave assurances that the said Photon internet connection will resume and further gave an assurance that the Complainant will get of a discount of Rs.250/- on the purported outstanding bill. My client, keeping the situation in mind as was supplicated and stated by the said representative and her dire need for the internet connection, the Complainant had no option but to make the payment of the said amount minus the discount which amounted to Rs. 986/- via receipt no 15736184 on 13th November 2009. Upon making the said payment, the Complainant immediately sent a mail to you requesting to re-activate the internet connection. A copy of the said mail is annexed and marked hereto as Exhibit-D.

10. Then on 14th November 2009 the Complainant received a mail from the Opposite Party requesting the Complainant to provide her TATA Indicom telephone number or account number along with the details of the Complainant’s query for further action, to which the Complainant replied instantly. Thereafter on the same day itself the Complainant received a mail from the Opposite Party that the said photon number [protected] of the Complainant is activated and the said representative of the Opposite Party requested the Complainant to confirm the same. The Complainant was finally convinced that a magnanimous brand like Tata is now living upto its name by now atleast positively responding to my client’s difficulties. Copies of the said mails are annexed and marked hereto as Exhibit-E.

11. Further to the utter disappointment of the Complainant the internet connection was discontinued and that the Complainant was left at your mercy once again. Upon calling up the said representatives, they responded by stating that payment of Rs. 250/- is pending; hence the same has been disconnected. Rubbishing the awful justification of your representative the Complainant brought to the notice of the representative of the Opposite Party that the said discount was given to the Complainant for a fact that the Opposite Party had defaulted and that they have availed the Complainant of a discount is explicitly reflected in said mail of the Opposite Party. The Complainant further urged and pointed out the said mail confirming the payment of the Complainant and thereafter resuming the connection. Assuming whilst denying if the Complainant had not made sufficient amount then why would she even receive a confirmation mail or why would the Opposite Party even resume the internet services. Please note that such an uncanny and uncouth behaviour of the said representatives and company squarely falls within the ambit and scope of deficiency of services under Consumer Protection Act, 1986, please note.

12. The Complainant was in urgent need to send a quotation for a tender for which she desperately required internet connection on 19th November 2009. Hence the Complainant’s friend requested your representative to immediately resume the internet services on the context that the payment has already been made by her otherwise she will incur huge losses in her business. The said representative explicitly confessed that there has been fault on their part. After suffering for innumerable number of times, the Complainant had learnt a lesson the hard way; hence she has recorded the said conversation with the said representative. Voice piece of the said conversation shall be produced as and when the same is required.

13. Thereafter also the Complainant has been constantly following up with the Opposite Party, but they having malafide and capricious intention did not even react to the Complainant’s requests. It seems to the Complainant that there was a deliberate misrepresentation made to the Complainant and that current inability suggested is with a view to hide their misrepresentation and/ or to take additional benefits from the Complainant.

14. The Complainant trusted the Opposite Party’s schemes, products etc. in good faith considering the status and stature of the company’s good reputation in providing best service in time. But the Opposite Party completely ignored the commitments that they kept on assuring and promising the Complainant all the way and they completely failed to satisfy her and finally failed to keep up to their words, as assured. Their representatives kept on dragging the matter with false assurances making her to suffer mental agony and pain. Thereby the Opposite Party has deceived and duped the Complainant. There has been a deficiency of service and negligence on their part, the Complainant has suffered a lot and she also has suffered mental agony. The Opposite Party have failed to keep up your promises and assurances given to the Complainant. On account of dereliction of duty and negligence of the Opposite Party, the Complainant has suffered loss and injury due to deprivation, harassment, mental agony and loss of business, for which she is entitled to compensation. It is hereby further stated that the Opposite Party are also liable to pay to the Complainant damages of Rs. 3,00,000/- (Rupees Three lakhs only) for the business losses and damages suffered by her due to the failure of the Opposite Party to provide services to the Complainant and for the false assurances on which she went on relying.

15. The Complainant states that the value of the reliefs claimed is below Rs. 20 lakhs,. The Opposite party resides within the territorial jurisdiction of this Hon’ble Forum. Hence this Hon’ble Forum has the necessary jurisdiction to entertain and try the present complaint.

16. The complainant further declares that no other case or complaint has been filed before any other court, authority or tribunal regarding the subject matter of the present dispute.

17. The cause of action is continuous hence the complaint is in time.

P R A Y E R
The complainant therefore prays that:
a) That the Opposite parties be directed pay a compensation of Rs. 3,00,000/-(Rupees Three lakhs only for the business losses suffered by the Complainant and mental pain and agony.
b) For costs of this complaint
c) For such further and other reliefs and/or directions as this Hon’ble Forum may deem fit and proper.