THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.625/2015
Dated this the 9th day of September, 2016
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, M.A., L.L.B. : Member
ORDER
Present: Joseph Mathew, Member:
This petition is filed under Section 12 of Consumer Protection Act, 1986.
The petitioner is a businessman. His case is that, he was a consumer of Vodafone since for the past 5 years. As he was not satisfied with the service provided by them, he had ported his mobile number from Vodafone to idea on 28/11/2015. It is alleged that after porting the number, those who try to contact him from their Vodafone connection, are getting the message or reply that the called number is wrong or invalid. This caused much difficulty to him. He is engaged in the business of distributing computer forms and in that form he had printed his mobile number for contacting him by others for the business purpose. Due to the fault with the phone, he lost so many customers who had called him and thereby sustained a loss of about Rs.1,00,000/- in his business. This very badly affected his reputation also. Even after repeated requests directly and complaint through e-mail on 01/12/2015, the opposite party had cured the defects only after 10 days of his complaint. The said delay is deficiency in service on their part and that caused much hardships, loss of reputation and also huge financial loss from the business. Hence this petition seeking reliefs.
The opposite party received the notice issued from this Forum but didn’t turn-up or filed version. Hence they set ex-parte.
The petitioner filed affidavit and produced the copy of the e-mail complaint sent to the opposite party dated 01/12/2015 and was marked as Ext. A1.
The petitioner averred that the problem with the mobile phone after porting the number from Vodafone to idea was informed to the opposite party through the e-mail message on 01/12/2015 but they have rectified the same only after 10 days. The said delay is deficiency in service on their side and due to the said defect he lost many customers and thereby sustained a business loss of about 1 lakh rupees.
There is no doubt that the mobile phone became an inevitable part in human life style now a day. Many of the day to day transactions are carrying out through the phone and its fault will cause much difficulty and may lead to financial loss to a person. Hence we are of the view that the delay of 10 days in curing the defect of the phone is deficiency in service on the part of the opposite party.
But here the petitioner has not produced any evidence to show his exact financial loss due to the said problem with the phone. The Fora cannot award any amount as compensation without sufficient proof. Hence the prayer of the petitioner cannot be allowed as such. So we allow Rs.10,000/- as compensation for the mental stress and other difficulties suffered by the petitioner which we feel just and proper.
In the result the following order is passed.
The opposite party is ordered to pay Rs.10,000/- (Rupees ten thousand only) as compensation for the difficulties suffered by the petitioner and to pay Rs.2,000/- (Rupees two thousand only) as cost of the proceedings to the petitioner within 30 days from the date of receipt of this order
Dated this the 9th day of September, 2016
Date of filing: 02/12/2015
SD/-MEMBER SD/- PRESIDENT SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Copy of e-mail sent to the opposite party
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
None
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
