STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 917 OF 2015
(Against judgment and order dated 10-03-2015 in Complaint
Case No. 147/2014 of the District Consumer Forum, Auraiya )
- District Manager
Bharat Sanchar Nigam Limited
Etawah
- Up (Sub) District Manager
Bharat Sanchar Nigam Limited
Auraiya
...Appellants
Vs.
Abhishek Kumar
S/o Sri Pradeep Kumar Pandey
R/o Village and Post Office Bharharipur
Police Station and District Auraiya
...Respondent
BEFORE:
HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT
HON’BLE MR. JITENDRA NATH SINHA, MEMBER
For the Appellant : None appeared.
For the Respondent : None appeared.
Dated : 20-12-2016
JUDGMENT
MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT (ORAL)
This is an appeal filed under Section-15 of the Consumer Protection Act 1986 against judgment and order dated 10-03-2015 passed by the District Consumer Forum, Auraiya in Complaint Case No. 147/2014 Abhishek Kumar V/s District Manager, Bharat Sanchar Nigam Limited and another whereby the District Consumer Forum has allowed complaint and ordered opposite party no.1 to activate Sim of complainant and to pay Rs.25,000/- as compensation to him within one month. The District Consumer Forum has further ordered that interest at the rate of seven percent per annum shall be payable on above amount of Rs.25,000/- from the date of complaint till date of payment.
:2:
Feeling aggrieved with the judgment and order passed by the District Consumer Forum, the opposite parties have filed present appeal.
None appeared for the parties at the time of hearing of appeal. Service of notice is sufficient on the respondent.
Written argument has been filed on behalf of appellants.
We have perused impugned judgment and order as well as records.
Respondent/complainant has filed complaint against opposite parties/appellants with allegation that opposite parties/appellants issued a Sim to him on payment of Rs.20/- after verification with I.D. but they did not get it activated inspite of his request. They informed him that wrong name has been feeded in computer and it cannot be corrected. Take an other Sim.
It has been alleged in complaint by the complainant/respondent that the Sim cannot be activated due to fault of employee of opposite parties.
Appellants/opposite parties filed written statement and opposed complaint. They have stated in written statement that the name of applicant in application is Abhishek Pandey whereas in I.D. his name is Awdhesh and because of this discrepancy the Sim could not be activated. Appellants/opposite parties have committed no deficiency in service.
Photocopies of application and I.D. presented by respondent/complainant to appellants/opposite parties for Sim have been annexed with appeal memo. Name of applicant is Abhishek Kumar. I.D. also stands in the name of Abhishek Kumar. The ground alleged by appellants/opposite parties for non activation of Sim is incorrect.
After having gone through pleadings of parties and evidence on record we are satisfied that the District Consumer Forum has rightly held that the Sim of complainant could not be activated due to negligence of employee of appellants/opposite parties. But we are of the view that the compensation of Rs.25,000/- awarded by the District Consumer Forum is excessive and high. It should be reduced to Rs.12,600/-. Considering amount of compensation we are of the view that interest awarded by the District Consumer Forum should also be set aside.
:3:
Considering facts and circumstances of the case we are of the view that appellants/opposite parties should issue a new Sim to respondent/complainant without any further charge to replace the Sim issued to him.
In view of above appeal is allowed partly. Impugned judgment and order passed by the District Consumer Forum is modified and appellants/opposite parties are directed to replace the Sim of respondent/complainant with a new Sim without any further charge and to pay Rs.12,600/- as compensation to him for mental and physical harassment.
Both parties shall bear their own costs.
Rs.12,600/- deposited by appellants under Section-15 of the Consumer Protection Act 1986 in this appeal shall be released to the respondent/complainant with interest if any accrued.
Let copy of this order be made available to the parties within 15 days positively as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( J N SINHA )
MEMBER
Pnt.
