UNIVERSAL CYBER INFOWAY LTD Vs. SATYAM INFOWAY LTD

JUDGEMENT

(1.) The complainant, Universal Cyber Infoway Ltd. (formerly known as Amit Fabrics Pvt. Ltd.) has filed this complaint against Satyam Infoway Ltd. , Maanasarovar Towers, 271a, Anna Salai, Teynampet, Chennai (opposite party No.1, opposite party No.2 - Satyam Infoway Ltd. , SCO 146-147 (1st Floor), Sector 34-A, Chandigarh (hereinafter collectively to be referred as the Satyam) and opposite party No.3, Department of Telecommunications through its Principal General Manager, Sector 18, Madhya Marg, Chandigarh for deficiency in service on their part and having suffered an irreparable financial loss, loss of credibility, loss of clientele and intense sustained mental torture.

(2.) The complainant, Universal Cyber Infoway Ltd. is running the premises named as Login Cyber Cafe at SCO 14-15, Sector 8-C, Chandigarh. This according to the complainant is the largest Cyber Cafe in the region with a total investment of over Rs.30 lacs which provides internet services and is one of the pioneers in its field. This Cafe is part of the growing information technology industry which focuses on providing fast and affordable internet services.

(3.) As per the averments made in the complaint, the opposite party, Satyam is one of the leading Internet Service Providers (ISP) having national level presence with Chandigarh being one of the cities where internet service is being provided. The Department of Telecommunications (hereinafter to be referred as the Dot) provides the link between the Internet Service Provider i. e. Satyam, and the user, i. e. M/s. Amit Fabrics Pvt. Ltd. by providing the physical service line connecting the offices of the above stated parties. The complainant entered into a Service Level Agreement for the purchase of a dedicated 64 Kbps leased line link with Satyam in July, 1999, copy annexed as Annexure C-1. The complainant paid a sum of Rs.76,000/- to Satyam vide demand draft No.489160 dated 2nd September, 1999 through State Bank of Patiala, Manimajra, Chandigarh and Rs.42,558/- to the Dot vide demand draft No.779816 dated 21st October, 1999 through State Bank of Patiala, Manimajra, Chandigarh. Satyam was to provide the dedicated 64 Kbps leased line link within 12 weeks from the date of entering into the Service Level Agreement. It was assured to the complainant that band width will be for 24 hours with 98% uptime through the dedicated 64 Kbps leased line link. The complainant has alleged that the Satyam delayed the installation process by a period of more than 2 months causing huge financial losses to the complainant on account of loss of revenue, payment of the rent of premises, and other expenses for the said period (Annexure C-2 ).