Haryana

StateCommission

A/187/2016

MY IDEA CELLLULR LTD. - Complainant(s)

Versus

HANUMAN - Opp.Party(s)

NARENDER KAAJLA

23 May 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :           187 of 2016

Date of Institution:          03.03.2016

Date of Decision :           23.05.2016

 

1.      Incharge/Manager, My Idea Showroom Near Railway Bridge, Kath Mandi, Hisar, Tehsil and District Hisar.

2.      Manager, IDEA Cellular Limited, Registered Office; Suman Towers, Plot No.18, Sector 11, Gandhi Nagar-382011

                                      Appellants-Opposite Parties

Versus

 

Hanuman son of Sh. Atma Ram, resident of Village Ladwi, Tehsil Adampur, District Hisar.

                                      Respondent-Complainant

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.

                                                                                                         

Present:               Shri Narender Kaajla, Advocate for appellants.

None for the respondent.

 

O R D E R

 

NAWAB SINGH J.(ORAL)

 

Incharge, My Idea and another-opposite parties have challenged the correctness and legality of the order dated January 07^th, 2015 passed by District Consumer Disputes Redressal Forum, Hisar (for short ‘District Forum’) whereby complaint filed by Hanuman-complainant was allowed. For ready reference, operative part of the order is reproduced as under:-

“5.     Resultantly, this complaint is allowed, with a direction to the opposite parties, to immediately convert post paid connection of the complainant into that of prepaid connection, within a period of 15 days from the date of receiving copy of this order; otherwise to pay him recurring damages @ Rs.100/- per day from today onwards till the conversion of the connection.  Complainant is also hereby awarded compensation of Rs.25,000/- for his harassment, mental agony etc and litigation expenses of Rs.550/- against both the opposite parties, who shall be jointly and severally liable to comply the order.”

 

2.      Vide Detailed Track Events for RH210507234IN whereby notice was issued to complainant, article was delivered to him on 29.04.2016.  Despite service, complainant did not appear. 

3.      Complainant was having Idea Post Paid Mobile connection.  On April 08^th, 2014 complainant approached the appellants for getting his connection changed from prepaid to post paid.  He deposited the requisite amount with the appellants.  The appellants failed to convert the aforesaid connection.      

4.      Since the appellants were proceeded ex parte before the District Forum and as such could not contest the complaint on merits, it would be in the interest of justice to give an opportunity to the appellants to contest the complaint on merits. Thus, the appeal is accepted and the impugned order is set aside. The appellants are accorded opportunity to join the proceedings and parties shall be entitled to lead evidence etc.  The case is remitted to the District Forum to decide the complaint afresh.

5.       The District Forum is directed to issue notice to the parties and shall proceed in accordance with law.

6.      Copy of this order be sent to the District Forum.

7.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced: 23.05.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

U.K