Andhra Pradesh

Nellore

CC/85/2016

Babulu Gangisetty,son of Seshaiah Gangisetty - Complainant(s)

Versus

1. Reliance Communications Limited, rep by its Chairman - Opp.Party(s)

Inperson

25 Jan 2017

ORDER

Date of filing      :  22-08-2016

Date of Disposal : 25-01-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

           :: NELLORE ::

                                                       

Wednesday, this the 25th day of JANUARY, 2017.

 

          PRESENT:  Sri V.C. Gunnaiah, B.Com., M.L, President(FAC)

                                      Sri M.Subbarayudu Naidu, B.Com., B.L., LL.M., Member                                

                     

                             

C.C.No.85/2016

 

Babulu Gangisetty,

S/o.Seshaiah Gangisetty,

Aged 56 years, Hindu,

Advocate,

Residing at 16-2-227A, Gandhi Nagar,

Pogathota,

Nellore-524 001.                                                                               …  Complainant

 

                      Vs.

                                                                            

1. Reliance Communications Limited

Rep. by it’s Chairman,

‘H Block, 1^st Floor, DAKC,

Navi Mumbai – 400 709.

 

2. Sri Jwala Communications

Rep. by its proprietor

(Franchisee of Reliance Communications Ltd. in Nellore)

Shop No.2 Ramalingapuram,

Main Road, Near Venkateswara Swamy Temple

Nellore – 524001.                                                             … Opposite parties

 

This matter coming on 23-1-2017  before us for final hearing in the presence of complainant appeared as in-person  and  the opposite parties remained absent and having stood over for consideration till this day, this Forum passed the following:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

ORDER                                                                                                                                                                                                                                                             (By Sri V.C. Gunnaiah, B.Com., M.L., President(FAC)

 

 

1.     The complainant filed this complaint under section 12 of Consumer Protection Act,  to direct the opposite parties to provide 4G data card free of cost to the complainant and also 1GB data  every month till the date of validity or in the alternative refund an amount of Rs.4,000/- with interest @ 18% p.a. from 21-08-2016 till the date of payment, to pay compensation of Rs.50,000/- and pay the costs of the complaint.

 

2.  The averments of the complaint in brevity are as follows:

 

The opposite party No.1 is the telecom service provider in the State of

Andhra Pradesh and has been providing mobile services and data services.  The 2^nd opposite party is the franchisee/retailer outlet of the opposite party at Nellore.  From time to time, they have been advertising various plans for mobile and data services.  In January, 2015, the opposite party No.1 announced a scheme where under one should pay Rs.4,000/- and they provide a data card and 1GB data every month free of cost to the purchasers for life time.  The complainant after seeing the advertisement and believed and relied the same, approached the opposite party No.2 and paid Rs.4,000/- on 25-1-2015 to the opposite party No.2 and obtained data card with a hope that he would get 1GB data every month.  But, from the beginning it has been giving troubles and the speed is very low.  So, the complainant sent an e-mail complaint dated 07-04-2015 to the opposite party No.1 about the malfunctioning of his data card 9347216122 with very low speed.  However, there was no response from the opposite parties.  Subsequently, the opposite party No.1 sold away their CDMA Spectrum to Reliance JIO and forced all its customers to shift to Reliance 4G.  Since the data card sold to complainant is with CDMA technology and it has been advertised to buy new 4G data card again to use 1GB data every month, which is around Rs.3,000/-.  The complainant was forced to shift to GSM2G though there was no fault on the part of the complainant.  The demand of the opposite party No.1 to pay again for the data card for no fault of the complainant and the same is unfair trade practice and the complainant is not liable to be purchased 4G data card.  In view of, the unfair trade practice of the opposite parties, the complainant is unable to use the data card and data of 1GB every month.

 

3.  It is the duty of the opposite parties to provide new data card free of cost till validity period, as there was no fault of the complainant and should provide 1GB data uninterruptedly.  But, they completely stopped CDMA services in Andhra Pradesh due to that the complainant suffered a lot of mental agony and financial loss and hardship. Hence, the complaint for the above reliefs.

 

4.   After admission of the complaint, notices were issued to opposite parties.  The opposite parties received the notices and remained absent and not filed written version and remained ex-parte.

 

5.  The complainant filed his affidavit as PW1 in support of his case and got marked Exs.A1 to A5 and also filed written arguments.

 

6.  Heard arguments of the complainant and perused the pleadings, the documentary evidence placed on record and considered written arguments filed..

 

 7.      The points that arise for determinations are:

 

       1) Whether there is deficiency in service on the part of the

           opposite parties as pleaded?

        2) Whether the complainant is entitled for the reliefs sought for?

        3) To what relief?

 

 

POINTS 1 AND 2:  The complainant in his affidavit as PW1, clearly and categorically stated that he purchased data card with 1 GB data from the opposite parties by paying Rs.4,000/- on 25-01-2015 on seeing the advertisement and obtained a data card with a hope he would get data service uninterruptedly for  life time at free of cost.  His affidavit further reveals that subsequently the 1^st respondent sold away their  CDMA Spectrum  services to Reliance JIO and forced  the customers to shift to Reliance 4G technology and they are forced to purchase new 4G data card again to use 1GB data every month which is cost around Rs.3,000/- .  The affidavit of the complainant further reveals that no fault of him, the opposite parties caused him trouble to shift CDMA to GSM by spending Rs.3,000/- every month which is against the promises by the opposite parties at the time of purchasing CDMA data card on 25-1-2015. His affidavit also proved that the same is unfair trade practice of the opposite parties.  According to him, the opposite parties should provide data card for free of cost and provide 1GB data as promised by them for her life time.  But, they failed to fulfill the promises and caused him financial loss, hardship and mental agony as he is unable to use the data card, though, the opposite parties collected Rs.4,000/- from him for life time use of data card with 1GB free of cost. As already stated supra, the opposite parties remained absent and not filed their written version and not rebutted the evidence placed on record by the complainant to prove that there is no deficiency in the service on their part.  Thus, there is deficiency in service on the part of the opposite parties and the complainant is entitled for the reliefs.

 

   A perusal of the documents Exs.A1 to A5 filed by the complainant proved his case that he purchased data card with 1GB data for life long free of cost and that the same has not functioned properly and the complainant brought to the notice of the opposite parties by issuing E-mail notice on 07-04-2015 as per Exs.A1 and A2.  The complainant also filed data card marked as Ex.A5 to prove that the same is not functioning.  It is not fair on the part of the opposite parties having advertised and promised for purchasing data card from the 1^st opposite party’s company for Rs.4,000/-, they would provide 1GB data free of cost for life time and believing the same, the complainant purchased the data card from the 2^nd opposite party, which is authorized outlet of 1^st opposite party with a hope that he would get 1GB data service for life time free of cost, but after some time, the data card was not properly functioned and it is stated that the opposite party stopped CDMA services in Andhra Pradesh and data card became useless and the 1^st opposite party sold their CDMA Spectrum to Reliance JIO and forced to shift 4G technology and demanded to purchase new data card and to pay Rs.3,000/- to get 1GB data every month.  The stopping of CDMA service by the opposite parties for the data card provided to the complainant attracts unfair trade practice and deficiency in service since the complainant was put to financial loss, mental agony and hardship. Therefore, we hold there is deficiency in service on the part of the opposite parties and the complainant is entitled for return of the amount of Rs.4,000/- with interest @9% p.a. from 22-08-2016 till realization and Rs.10,000/- as compensation for mental agony and Rs.2,000/- towards costs of the complaint.  Accordingly, the points 1 and 2 are answered in favour of the complainant.

 

POINT NO.3:     In the result, the complaint is  allowed, directing the opposite parties 1 and 2 jointly and severally to refund an amount of Rs.4,000/- (Rupees four thousand only) together with  interest @ 9% (nine)p.a., from        22-08-2016 (i.e. date of filing of complaint) till realization to the complainant, to pay Rs.10,000/- (Rupee ten thousand only) to the complainant towards mental agony and discomfort caused to him and also to pay Rs.2,000/- (Rupees two thousand only) towards costs of the complaint, within 45 days from the date of the receipt of the order.  The opposite parties are at liberty to take back the data card Ex.A5 deposited by the complainant, from this Forum under due acknowledgement.

 

Dictated to the Stenographer, transcribed by her and corrected and pronounced by us in the Open Forum this the 25th day of JANUARY, 2017.    

 

             Sd/-                                                                              Sd/-

         MEMBER                                                                  PRESIDENT(FAC)

 

  APPENDIX OF EVIDENCE

 

 WITNESSES EXAMINED FOR COMPLAINANT:

 

PW1

15-11-2016

:

Babulu Gangisetty, S/o.Seshaiah Gangisetty, aged 56 years, Hindu, advocate and residing at 16-2-227A, Pogathota, Nellore-524001.

 

WITNESSES EXAMINED FOR OPPOSITE PARTIES:

• NIL -

                                                                         

EXHIBITS MARKED FOR COMPLAINANT:

 

Ex.A1	07-04-2015	:	Copy of Email sent to the first opposite party.
Ex.A2	03-06-2016	:	Copy of Email sent to the first opposite party and its reply email.
Ex.A3	06-09-2016	:	Copy of Email reply sent to the complainant by the 1st opposite party.
Ex.A4	-	:	Copy of full description of data card with data card images.
Ex.A5	-	:	Original Data card issued by the opposite party to the complainant.

 

EXHIBITS MARKED FOR OPPOSITE PARTIES:                          

 

                 - NIL -

                                                                               Id/-

                                                                      PRESIDENT (FAC)

 

 

 

Copies to:

 

1) Babulu Gangisetty, S/o.Seshaiah Gangisetty, Aged 56 years, Hindu,

    Advocate, Residing at 16-2-227A, Gandhi Nagar, Pogathota, Nellore-524 001.                                                                                                    

 

2) Reliance Communications Limited, Rep. by it’s Chairman, ‘H Block, 1^st Floor, DAKC,

    Navi Mumbai – 400 709.

 

3) Sri Jwala Communications, Rep. by its proprietor, (Franchisee of Reliance     

    Communications Ltd. in Nellore),Shop No.2 Ramalingapuram, Main Road, Near

    Venkateswara Swamy Temple, Nellore – 524001.                                                            

 

 

 

Date when order copies were issued: