DQ Week Exclusive
In a big victory of IT professional against a well known web hosting company, Nanded based Dipak Mortale has won a case against ManasHosting, a leading web hosting provider in India. Nanded District Consumer Forum has found the company guilty for deficiency in services and breach of Agreement under the Indian Contract Act 1872 and has ordered to pay Rs. 78,000 as compensation to Mr. Mortale.
Dipak Mortale, owner of Shree Ganesh Computers is a web designer by profession. He had purchased ManasHosting’s “Unlimited Hosting Package scheme” in 2011 for 3 years. The actual cost of the scheme was 18,000, however, under a special benifit, he got it for Rs. 3000. However, the company suddenly stopped services after completion of one year and demanded additional Rs 20,000 to continue the contract. When contacted, ManasHosting representatives asked Mr. Mortale to pay another 91000 in 2012.
Mr. Mortale who is also a president of Nanded IT Association said that the company even threatened him for recovery of money. However, he refused to pay extra charges and filed a case in the Nanded District Consumer Forum in 2013.
“ManasHosting tried all the ways what they can do to threaten me and my customers. They also hired Supreme Court lawyer to put pressure on me. But I was firm on my stand and wanted to expose the web hosting giant, and wanted justice for me as well as another partners who fell victim to the unethical business practices of the company”, he said.
Mr. Mortale had to suffer huge financial loss as ManasHosting stopped unlimited hosting package for 38 websites he was working on. He had to hire services from other web space provider on higher cost to complete his projects. He incurred losses of Rs. 7,60,000 and also suffered mental harassment from the company. Therefore, he filed a case against ManasHosting alleging deficiency in services and breach of agreement.
He said that before filing the case he had approached top governing body like ICANN and Cyber cell of Bangalore police but no one helped him in the case .
“They all are under influence of big giants like ManasHosting, they refused to take any action against them”, he alleged.
ManasHosting in its written affidavit said as per contract between the company and Mr. Mortale, he was supposed to use the hosting package for his personal use. However, he utilized the package for commercial purposes which was against the terms. The company said that the complainant himself breached the contract as he illegally sold 38 websites without the permission of the company. Therefore, it stopped his hosting package. ManasHosting also said that the complainant has filed a false case against the company. Therefore, the Forum should dismiss the case.
After hearing all the matter Nanded District Consumer Forum found that ManasHosting violated the agreement as per section 73 (Compensation of loss or damage caused by breach of contract) of the Indian Contract Act 1872. The Court on 21 November gave a verdict asking the company to compensate Rs 78,000 to Mr. Mortale. The court has given 30 days time period to ManasHosting to complete the formalities.
Mr. Mortale’s advocate Subhash Bhonsale said, “ManasHosting launched a promotional scheme to attract customers at a discounted rate and deceived them by not complying with their commitments. We appealed to the court to compensate Rs. 7,60,000 with additional 12 per cent interest along with Rs 1,00,000 for the physical and metal harassment of my client and Rs. 10,000 for the expenses he incurred for the case. The Forum has partially accepted our demand and directed ManasHosting to compensate Rs. 78,000.”
Mr. Mortale said that he is quite satisfied with the Judgment .
“If we fight against injustice we can stop the fraud companies in the market. Companies like ManasHosting are not only doing wrong business practices but also ruining the image of India. To fight with a big giant is not an easy task, but my victory confirmed that “Satyamev Jayte” (Truth always wins)”, he said.
“I want to give a massage for whole IT community that never tolerate unethical practices. Raise voice against unethical practices of any big company. Don’t bother how big it is. Fight against Injustice”, he said.