Abhishek Chauhan S/o Ram Kumar filed a consumer case on 27 May 2016 against 1. Rana Communication in the Karnal Consumer Court. The case no is CC/185/2015 and the judgment uploaded on 16 Jun 2016.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.
Complaint No.185 of 2015
Date of instt.: 11.08.2015
Date of decision:27.05.2016
Abhishek Chauhan son of Shri Ram Kumar r/o house no.615, Sector-8 Urban Estate, Karnal.
……..Complainant.
Vs.
1. Rana Communication shop no.128/4, 2nd floor near D.A.V. Women College, Karnal Manisha Rana. Mobile no.9834505610.
2. Eshant Sharma Zonal Head Reliance Post Paid District Karnal office Shop no.118, Mugal Canal Basement, Karnal Mobile no.9355602910.(given up vide order dated 21.10.2015)
3. Reliance Communication Infrastructure Limited 5th floor Vijay Building17 Bara Khamba Road, New Delhi-110001.
4. Main Office Reliance Communication Ltd. H. Block 1st floor Dheeru Bhai Ambani City, New Mumbai, Maharashtra India-400710.
………… Opposite Parties.
Complaint u/s 12 of the Consumer Protection Act.
Before Sh.K.C.Sharma……….President.
Sh.Anil Sharma…….Member.
Present:- The complainant in person.
Opposite party no.2 given up.
Opposite parties exparte no.1,3 and 4.
ORDER:
This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that on 28.2.2015 he purchased a sim bearing no.9541116800 from the opposite party no.1 of Reliance Company for a sum of Rs.1300/-, in which he paid Rs.1000/- as premium amount and Rs.300/- was security amount. He used the said number only for one week, thereafter, opposite parties had blocked the said number. He enquired from the opposite party no.1, but opposite party no.1 lingered on the matter by one pretext of the other and had not given the satisfactory reply. After few days, he was told that he was a student, therefore, the said number could not be issued to him, whereas he was not the student. Thereafter, he visited the office of opposite party no.2, who also lingered the matter and lastly refused to issue the number. Then opposite parties no.2 and 3 charged the bill of Rs.265/- for the period of 28.2.2015 to 23.3.2015 from the security of Rs.300/- and balance amount of Rs.35/- has sent in his account. During that period the abovesaid number was used by another person. He visited the office of opposite parties no.2 and 3 and requested for issuance of the abovesaid number but they did not pay any heed to his request. Lastly, they asked him to get another sim, but they did not disclose the number of second sim and also did not activate the sim. Such acts on the part of the opposite parties amounted to deficiency in service on their part, which caused him mental agony, harassment and financial loss.
2. Notice of the complaint was given to opposite parties. None put into appearance on behalf of opposite parties no.1,3 and 4 despite service. Therefore, exparte proceedings were initiating against them.
3. Opposite party no.2 was given up as necessary on 21.10.2015
3. In evidence of the complainant, his affidavit Ex. C1 and documents Ex.C2 to C9 have been tendered.
4 We have heard the complainant and have also gone through the documents placed on file carefully.
5. From the affidavit and the documents of the complainant, it is established that he had deposited an amount of Rs.1000/-as premium number charges and Rs.300/- as security amount and was given sim no. 9541116800. It was used by him for one week but lateron the said sim was deactivated and allotted to some other person and the complainant was paid an amount of Rs.35.05paise only. Number of the new sim provided to him was also not activated and even the number was not disclosed. An amount of Rs.265/-was charged as the bill for the period of 28.2.2015 to 23.3.2015. In this way deficiency in service on the part of the opposite parties stand established and the complainant is certainly entitled to get compensation for the same.
6. As a sequel to the foregoing reasons, we accept the present complaint and direct the opposite parties no.1,3 and 4 to refund Rs.1000/- as premium amount. We further direct the opposite parties no.1,3 and 4 to pay Rs.3300/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.
Announced
Dated: 27.05.2016
(K.C.Sharma)
President,
District Consumer Disputes
Redressal Forum, Karnal.
(Anil Sharma)
Member
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