Punjab

Sangrur

CC/91/2018

Udit Goyal - Complainant(s)

Versus

Ganesh Traders - Opp.Party(s)

Sh.G.S.Shergill

03 Jul 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                   Complaint no. 91                                                                                           

                                                                  Instituted on:  21.02.2018                                                                                    

                                                                 Decided on:    03.07.2018

 

Udit Goyal son of Sh. Rakesh Kumar Goyal, resident of H.No.108, Street No.32, Prem Basti, Sangrur.       

                                                …. Complainant   

                                Versus

 

1.       Ganesh Traders ( Authorized Idea Showroom) Patiala Gate, Sangrur through its Manager.

2.       Idea Cellular Limited Suman Tower Plot No.18, Sector 11, Gandhinagar (Gujarat), through its Managing Director.

3.       Idea Cellular Limited C-105, Industrial Area Phase-7, SAS Nagar, Mohali-160055 through its Regional Manager.                                                                                                     ….Opposite parties.

 

FOR THE COMPLAINANT            :         In person                            

 

FOR THE OPP. PARTY NO.1                 :   Exparte                         

 

FOR THE OPP. PARTIES NO.2&3:  Shri Ramandeep Advocate                       

 

 

Quorum

                   

                            

Sukhpal Singh Gill, President

Sarita Garg,   Member

                            

 

ORDER:  

 

 

Sarita Garg, Member

 

1.             Udit Goyal,complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he was having prepaid mobile connection bearing number 85570-08500 which was later on converted to post paid.  The complainant deposited Rs.200/- as security which is refundable. On 23.09.2017 the complainant  requested the Op no.1  to convert the said connection from Idea postpaid to Idea prepaid and deposited Rs.400/- vide receipt number 157784 dated 23.09.2017.  The actual bill of the complainant was Rs.230/- . As such the complainant requested the OP no.1 to refund Rs.170/-   then the Op no.1 told the  complainant  and same will be refunded alongwith refundable security of Rs.200/- i.e. totaling to Rs.370/- within 2/3 months but the same was not refunded by the OPs. In the month of first week of February 2018, the complainant received a cheque of Rs.55.80 paise. Thereafter the complainant requested the OP no.1 to refund Rs.314.20 ps but the OP no.1 again flatly refused to accede the request of the complainant.  Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

 

i)      OPs be directed to refund the amount of Rs.314.20ps alongwith interest @18% per annum from the date i.e. 23.09.2017 till realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.50,000/- on account mental agony and harassment and to pay Rs.25000/- on account of loss of reputation,

iii)     OPs be directed to pay Rs.11000/- as litigation expenses.

2.             None has appeared for Op no.1 despite service  and as such OP no.1 is proceeded exparte.

3.             In reply filed by the OPs no.2 and 3, it is submitted that the complainant is customer of the OP by subscribing to the mobile number 8557008500 on 05.08.2016 in post paid category. Thereafter he ported in another mobile number 9592319190 in the post paid category to the network of OP on 23.08.2016. The OP had already issued  a cheque of Rs.361.09 to the complainant after adjustment of Rs.200/- of the security amount. Thereafter the complainant was issued  another cheque for an amount of Rs.55.80 paise .  Thus, there is no deficiency in service on the part of Op no.1.

3.             The complainant has tendered documents Ex.C-1 to Ex.C-3 and closed evidence. On the other hand, Ops no.2 and 3 has tendered an affidavit Ex.OPs2&3/1 and closed evidence.

4.             From the perusal of the documents placed on the file, we find that the complainant  was the holder of mobile connection bearing number 85570-08500 which was later on converted to post paid.  The complainant deposited Rs.200/- as security which is refundable. On 23.09.2017 the complainant requested the OP no.1 to convert the said connection from Idea postpaid to Idea prepaid and deposited Rs.400/- vide receipt number 157784 dated 23.09.2017.  The actual bill of the complainant was Rs.230/-. The complainant's specific case is that he requested the OP no.1 to refund Rs.170/-   then the Op no.1 told him that same will be refunded alongwith refundable security of Rs.200/- i.e. totaling to Rs.370/- within 2/3 months but the same was not refunded by the OPs. The complainant's further case is that in the month of first week of February 2018, the complainant received a cheque of Rs.55.80 paise. Thereafter the  complainant requested the OP no.1 to refund Rs.314.20 paise but the OP no.1 again flatly refused to accede the request of the complainant. The OPs case is that the OP had already issued a cheque of Rs.361.09 to the complainant after adjustment of Rs.200/- of the security amount. Thereafter the complainant was issued another cheque for an amount of Rs.55.80 paise.

5.             It is undisputed fact on record that  the complainant was having prepaid mobile connection number 85570-08500 which was later on converted  into post paid and he deposited Rs.200/- as security and after that the complainant again converted the same into prepaid and deposited Rs.400/-. It is also admitted fact that actual bill of the complainant was Rs.230/-. It is specifically stated  by the OPs in their written reply that a cheque number 27377 dated 27.10.2017  for Rs.361.09 paise was issued to the complainant in respect of mobile connection number 8557008500 . It has also been stated that  said cheque was dispatched  on 21.11.2017 and delivery status is mentioned as "by post".  But, from the perusal of entire record we do not find any document on record which could show that the said cheque was actually delivered to the complainant by post.  The OPs have not produced on record any postal receipt which shows that the cheque was sent to the complainant  by post.  It is not in dispute that another cheque number 809254 dated 05.01.2018 for Rs.55.80 paise was delivered to the complainant because the complainant himself has admitted that he has received a cheque  for Rs.55.80 paise only. As such, we find that the OPs have totally failed to prove that the cheque for an amount of Rs.361.09 was actually delivered to the complainant and he encashed the same.

6.             For the reasons recorded above, we allow the complaint and direct the OPs to refund to the complainant an amount of Rs.314.20 paise.  The OPs are further directed to pay to the complainant a consolidated amount of compensation of Rs.5000/- on account of mental pain, agony, harassment and litigation.

7.             This order of ours shall be complied with within 30 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                       

                Announced

                July 3, 2018

 

 

 

                              ( Sarita  Garg)                       (  Sukhpal Singh Gill)                                                                                                                                                                                                    

                                        Member                                    President