MANISH LALWANI Vs. ICNET LIMITED

JUDGEMENT

(1.) This is a compensation application filed by Shri Manish Lalwani, Proprietor of Lakshmi Communication under Sec.12-B of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the Act) seeking compensation from ICNET Limited having its Corporate Office at Madras and a Branch Office at New Delhi as he had suffered monetary loss and damages consequent upon the latter having indulged in certain unfair trade practices.

(2.) The applicant, Shri Manish Lalwani was engaged in the business of STD/local PCO Booth. During March, 1996, the respondents advertised in "hindustan Times" regarding providing of Fax Plus services to general public including STD and PCO Centres. Allured by the aforesaid advertisement, the applicant approached the respondent and placed an order for Fax Plus Access Unit services at his office premises. He paid Rs.16,000/- vide form FPOSF No.00133 dated 15.3.1996 through cheque No.865791 dated 15.3.1996 which was cleared in favour of the respondents on 21.3.1996. Subsequently, the respondents installed Fax Plus Access Unit (for brief A. U.) bearing Id. No.00288 on 1.4.1996 at the business premises of the applicant.

(3.) It has been alleged by the applicant that right from the installation of the A. U. No.00288 at his premises, Very poor service was provided by the respondent as is evident from the details given below : (1) During April, 1996, the applicant sent 11 national and international Fax messages to the respondents for transmission to the destination but only 5 were delivered and the rest six were reported "non-delivered". (2) During May, 1996, the applicant sent 24 messages through the A. U. in question but only 11 could reach their respective destinations and. the rest were reported "non-delivered".