Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

(1)                This is an appeal filed by the original Complainant whose Complaint No.70/2001 stood dismissed vide judgement and order dated 06.03.2003 passed by the District Consumer Disputes Redressal Forum, Nashik.

(2)                Complainant who is Appellant before us had filed Consumer Complaint against Director, BPL Pune.  According to Complainant on 25.09.2000 he had taken mobile connectivity and his mobile number was 9823084135.   On 22.01.2001 he asked Mr.Rais the representative of Canada Corner of the Opponent to disconnect mobile connectivity.  But his connection was continued.    Hence, again he made application on 30.01.2001 with Mr.Bhutada, still his connection was not disconnected.  Hence, he gave notice through his Advocate and paid Bill of Rs.1,233.33 by cheque and requested Opponent to stop his mobile connectivity.  Subsequently, since this was not done he filed consumer Complaint No.70/2001 and claimed Rs.15,000/- as compensation, Rs.600/- as notice expenses and Rs.500/- as costs of the complaint. 

(3)                Opponent filed written statement and admitted that Complainant was given mobile connection and it was activated on 30.08.2000, but since there was no proper report mobile connection was suspended and after they received report it was reconnected on 01.09.2001 and on 07.03.2001 since the Complainant had not paid the outstanding bill his connection was suspended and after he made the payment on 08.03.2001 his connection was restored.  On 16.04.2001 as per his request his mobile connection was deactivated permanently and therefore, Opponent pleaded that there was no substance in the complaint and it be dismissed. 

(4)                The District Forum found that the Opponent had refunded the due amount of the deposit kept by the Complainant after Complainant asked for deactivation of his mobile phone.  The District Forum found no substance in the complaint and therefore, it was pleased to dismiss the complaint directing Complainant to pay Rs.250/- to the Opponent by way of costs.  Aggrieved by this order, the original Complainant has filed this appeal.

(5)                This appeal was pending in this Commission since 2003.  Nobody took care to take circulation of this appeal.  It was lying unattended in the office.  On 29^th July, 2011 this appeal was placed before us.  Since appeal was old one, we had directed office to issue notice to both the parties.  Accordingly notices were sent to both the parties on 21.09.2011.  Notice was made returnable today, i.e. on 27.09.2011.  Notice was sent, but nobody is appeared.  Hence, we perused the impugned judgement and order passed by the District Forum and we are satisfied  that the complaint was rightly dismissed by the District Forum on considering the facts and circumstances placed before it by rival parties.  There was no merit in the complaint.  Hence, complaint was dismissed.  We are finding no substance in the appeal and as such we pass the following order:

O  R  D  E  R

         (i)              Appeal stands dismissed.

       (ii)              No order as to costs.

     (iii)              Inform the parties accordingly.

Pronounced on 27^th September, 2011.