IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of June, 2011
Filed on 15.03.11
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.87/11
between
Complainant:- Opposite Party:-
Sri.M.Salim, Sri.Binu John (Proprietor),
S/o Muhammed Kunju, Manual Mobile Phone Service, V.V.Buildings,
Madeena Manzil, Madhava Junction, Harippad.
Aanary.P.O.,
Cheruthana (via), Home Address
Karuvatta,
Alappuzha District. Sri.Binu John, S/o John,
(By Adv.Deepa Stenet) Thundumadom, Thulamparambu South,
Harippad .P.O., Alappuzha District.
O R D E R
SRI.K.ANIRUDHAN (MEMBER)
Sri.Salim has filed this complaint before the Forum on 15.03.2011.
1. The allegations of the complainant are briefly stated as follows:- He has taken a Post Paid connection from the Reliance Company the vide No.9387410712. Since he is a business man and so he gave the said number to his customers by way of issuing cards. While so in the said mobile set having the number has not display in the set. Immediately he contacted the opposite party on 27.10.2010 for rectifying defects of the set. The opposite party after accepting the set from him and assured that the set will return after rectifying the defects within three days. The opposite party has received an amount of Rs.500/- from him as an advance amount. It is further alleged that the opposite party is conducting mobile sales business at Harippad and engaged in the business of the sale of mobile set in different types. After considering this he has entrusted the set to the opposite party. At the time of entrusting the set to the opposite party there are 500 numbers are retained in the above set and that a matter has intimated to the opposite party at the time. The cost of the said set has Rs.3750/- (Rupees three thousand seven hundred and fifty only) It is further alleged that so far the opposite party has not returned the set after rectifying the defects. On every occasions when he contacted, the opposite party drag on the matter. The post paid connection will automatically cancelled in case of non use of the set after 60 days and also intimated this matter to the opposite party.
2. But subsequently the connection was lost. Later that he has received an Advocate Notice from the Relaiance Company stating that a sum of Rs.883.85/- (Rupees eight hundred eighty three and eighty five paise only) for the period from 11.12.2010 to 14.01.2011 is liable to be remitted to the said company. Since there was no positive steps on the side of the opposite party, he has filed this complaint before this Forum for seeking relief.
3. Notice was issued to the opposite party. The notice was returned with the endorsement “unclaimed”. Considering the absence of the opposite party he was declared as exparte on 20.04.2011. Considering the allegation of the complainant the Forum raised the following issues for consideration.
a) Whether there is any deficiency of service on the part of the opposite party?
b) Whether the complainant is entitled to get the compensation and other relief?
c) Other reliefs?
Issues 1 to 3
4. The complainant has filed proof affidavit in support of his case and produced documents Ext.A1 and A2 marked. The documents - Ext.A1 is the Receipt issued by the opposite party vide dated, 27.10.2010, at the time of accepting the said defective set for rectification. And this receipt shows that the opposite party has accepted Rs.500/- (Rupees five hundred only) as advance from the complainant. Ext.A2 is the Advocate Notice dated, 03.01.2011 issued to the complainant by M/s Reliance Communications for a sum of Rs.883.85/- (Rupees eight hundred eighty three and eighty five paise only) towards the arrear bill amount for using the set.
5. We have perused the entire facts of this case and documents filed by the complainant in evidence. It is alleged that the complainant has purchased the set for a sum of Rs.3750/- (Rupees three thousand seven hundred and fifty only). Since the set has become a defective, due to lack of display entrusted the same to the opposite party for rectifying the defects. At the time of entrusting the set on 27.10.2010 to the opposite party, the complainant has informed the opposite party regarding the numbers included in the set for his urgent business purpose. Since the opposite party has delay to return the set after rectifying the defects, and he could not use the set from 27.10.2010 and lost the connection.
6. The opposite party has not shown any interest to rectifying the defects and not returned the set to the complainant in time. So the connection has cancelled due to the non use of the set after 60 days. But, the Reliance company has demanded of Rs.883.85/- (Rupees eight hundred eighty three and eighty five paise only) from the complainant. Since the set was in the custody of the opposite party for curing the defects, the set was not in operation from 27.10.2010 on wards. The complainant has received the arrear bill from M/s.Reliance Company from 11.12.2010 to 14.01.2011. Since the complainant could not used this for the said period, the demand of the Reliance Company was not entertained by the complainant. After considering the facts and circumstances of this matter we are of the view that the action of the opposite party is fully unauthorized and unwarranted, by way of retaining the set without rectify the defects, and committed delay for entrusting the same to the complainant. The action of the opposite party is to be treated as willful. By way of retaining the set with them, without curing the defects and refusal to entrust the same with the complainant will amounts to deficiency in service and negligence. Since there is latches on the side of the opposite party to return the set after rectifying the said defects the opposite party is liable to pay compensation and cost to the complainant. In this respect, it is to be noticed that the opposite party has unclaimed the notice of this Forum and not cared to appear before the Forum for stating the reasons of the said matter of the complainant. The whole actions of the opposite party will come within the purview of the unfair trade practice. In this respects considering the facts and circumstances of the case, we are of the stong view that since there is deficiency of service and negligence on the side of the opposite party, the allegations of the complainant is to be treated as genuine. The complainant is fully entitled to get the price of the set from the opposite party together with the compensation and the cost. All the issues are found in favour of the complainant.
7. In this result we hereby direct the opposite party to pay the price of the set, ie.,Rs.3750/- (Rupees three thousand seven hundred and fifty only) to the complainant and pay back the advance amount of Rs.500/- (Rupees five hundred only) to the complainant, which was collected by the opposite party at the time of accepting the set for rectifying the defects, together with 12% interest for the said amount of Rs.500/- (Rupees five hundred only) from 27.10.2010 to till the date of realization and also pay a compensation amount of Rs.10000/- (Rupees ten thousand only) to the complainant for his mental agony, pain, sufferings, loss of business, due to the refusal of the opposite party to rectify the defects of the set and refusal to returned the same to the complainant in time purposefully by way of deficiency in service, negligence and unfair trade practice of the opposite party, we further direct the opposite party to pay a sum of Rs.2000/- (Rupees two thousand only) to the complainant as cost of this proceedings. We further direct the opposite party to pay the said amount within 30 days from the date of this order.
We further ordered that the complainant is free to proceed against the assets of the opposite party for the recovery of the said amounts, in case of any default to pay the said amount by the opposite party within the ordered time.
The complaint is allowed accordingly.
Pronounced in open Forum on this the 30th day of June, 2011.
Sd/-Sri. K. Anirudhan
Sd/-Sri. Jimmy Korah
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
Ext. A1 - The Receipt issued by the opposite party dated, 27.10.2010 for an amount of Rs.500/-
Ext. A2 - The Advocate Notice dated, 03.01.2011
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- k.x/-
Compared by:-
