Complaint filed on 07.02.2009<br /> Complaint Disposed on 25.06.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> Dated: 25th of JUNE 2009<br /> <br /> PRESENT:- SRI. S.S.NAGARALE<br /> SMT. M.YASHODHAMMA<br /> SRI. A.MUN IYAPPA. <br /> <br /> COMPLAINT NO.239/2009<br /> <br /> <br /> COMPLAINANT Sri. G.V. Kumar,<br /> S/o Late P.Gopal Krishna, <br /> R/at No.10/62, 4th Cross,<br /> Yamakka Layout,<br /> Kalkeri Main Road,<br /> Ramamurthynagar,<br /> Bangalore -560 016.<br /> <br /> V/s<br /> <br /> OPPOSITE PARTY 1. The Manager,<br /> Goldenwings Telecommunications & <br /> Technologies Pvt. Ltd., <br /> #1728, 16th Main, 1st Stage,<br /> 5th Block, HBR Layout,<br /> Bangalore – 560 043.<br /> <br /> 2. Sales Manager,<br /> Vodafone Store,<br /> 100 feet Road, HAL 3rd Stage, <br /> Next to city Bank ATM,<br /> Bangalore. <br /> <br /> ORDER<br /> <br /> This is a complaint filed U/s.12 of Consumer Protection Act of 1986 by the complainant seeking direction against the opposite parties (hereinafter called as OP) to pay compensation of Rs.10,000/- on the allegation of deficiency in service. <br /> -2-<br /> 1. The brief averments as could be seen from the contents of the complaint are as follows:<br /> <br /> On 04.08.08 the representative of OP approached the complainant and offered a new connection of Vodafone. The complainant was not interested as he his having BSNL connection but OP promised to nearest number to BSNL. Then complainant agreed to buy new connection of Vodafone. OP collected required documents and Rs.400/- from the complainant. The receipt issued by the OP is produced. OP handed over the sim card bearing No.8991860024774889 to the complainant which belongs to some other persons. Complainant called OP and complied about the same on 07.08.2008 the representative of OP came and took that sim card and give another sim card to the complainant promising that within one hour that will be activated. The complainant waited from 10.08.2008 to 12.08.2008 by all the 3 days sim card was not activated. More than 15 times complainant called OP, there was no answer. On 13.08.2008 complainant called to the land line one Mr. Anil attended the call and promised within 45 minutes he will solve the problem after that again one of the representative of OP called the complainant and said within 30 minutes sim will be dispatch to the complainant’s residence. By that time complainant got fed up and made is mind to cancel the sim on 14.08.2008. Complainant got issued the notice to the OP through E-mail. Due to this act of OP complainant felt deficiency in service on the part of OP. Hence under the circumstances he is advised to file this complaint against the OP for the necessary relief. <br /> <br /> 2. OP-1 placed exparte. OP-2 appeared & filed its version mainly contended that after receipt of Rs.400/- non-refundable deposit from the complainant OP handed over the sim card bearing No.8991860024774889 <br /> -3-<br /> to the complainant and promised the complainant to activate the sim within 3-4 days, after verification of the complainant address. The complainant accepted the sim card on the said terms and said process while verifying in address proof of the complainant OP realized that there is a technical snag in the sim card gives to the complainant. Hence OP replaced that sim card with other sim card bearing No.899186002424774883 but not for any other reasons. The said sim card activated on 12.08.2008 on 14.08.2008 complainant decided to deactivate the same. Hence same day number was deactivated. There is no deficiency in service on the part of the OP. Among other grounds OP prayed for dismissal of the complaint.<br /> <br /> 3. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No.1: Whether the complainant has proved the<br /> deficiency in service on the part of the OP?<br /> Point No.2: If so, whether the complainant is entitled for the relief’s now claimed?<br /> <br /> Point No.3: To what Order?<br /> <br /> 4. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1: In Affirmative.<br /> Point No.2: Affirmative in part.<br /> Point No.3: As per final order.<br /> <br /> <br /> <br /> -4-<br /> REASONS<br /> <br /> 5. At the outset it is not in dispute that of OP gave new connection of Vodafone sim card bearing No.899186002424774883 to the complainant after collecting Rs.400/- from the complainant. Further OP in its version admitted with due to technical snag in the sim card it replaced the same with other sim card bearing No.899186002424774883 to the complainant. After filing of this complaint OP came forward to give a cheque dated 16.02.2009 for a sum of Rs.240/- to the complainant but complainant did not accept it. Further OP admits its liability & showed its bonafide to return the amount under the circumstances OP is directed to pay Rs.400/- paid towards the sim card along with compensation of Rs.500/- and litigation costs of Rs.500/- to the complainant. In the result we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed, OPs are directed to refund Rs.400/- & pay compensation of Rs.500/- along with litigation costs of Rs.500/- to the complainant. This order is to be complied within four weeks from the date of communication of this order.<br /> <br /> Send copy of this order to both the parties free of cost.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 24th day of June 2009.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT.<br />