DISTRICT CONSUMER DISPUTES REDRESSAL F
ISBT KASHMERE GATE DELHI
CC/149/2017
No. DF/ Central/ Date
Shri Tara Chand Gupta
S/o Shri B.L. Gupta
Office at 91, Crockery Market,
Sadar Bazar, Delhi - 110006
…..Complainant
VERSUS
1. M/s. Idea Telesystems
Dealer at 20020 / 3, Multani Dhanda
Pahar Ganj, New Delhi – 110055
Through its Propreitor
Namely Sonu/Sunil etc.,
2. M/s Idea Telesystems
Idea Head Office at
Building No. 5, Noida Sector – 63,
Through : Its Manager /Incharge
…..Opposite Parties
Quorum : Ms. Rekha Rani, President
Ms. Manju Bala Sharma, Member
Mr. R.S. Nagar, Member
ORDER
Ms. Manju Bala Sharma, Member
1. Instant complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 alleging therein that on 02/09/2016 complainant has availed the facility of Idea Netsetter 3 G data unlimited Plan of Rs. 2199/- for 3 months from OP 1 bearing no. 9891333599 Model No. MF70M, IMEI No. 866491020350843 and S/N No. 32845199070B. Within a week the said connection came into default and complainant made complaints bearing No.
C172833509756 on 07/09/2016 and SI - 72833509759 on 12/09/2016. After inspection of the connection/equipment the executive of the OP Company told that there was tower problem on the part of the company and the company would provide booster for its smooth functioning but no action was taken by the OPs. It is further stated that on 21/10/2016 the said connection completely stopped working and when complainant tried to lodge a complaint with the OP company the complainant was informed that some payment was due against the said connection whereas the said connection was installed for 3 months unlimited pack of Rs. 2199/- and the said amount was deposited by the complainant for the installation of the connection. Complainant made several complaints telephonically and also sent complaint in writing on 25/10/2016 and on 28/11/2016 to OP 2 also but all in vain. Pleading deficiency in service on the part of the OPs complainant prayed that OPs be directed to return back the amount of Rs. 2199/- deposited with the OPs and pay Rs. 50,000/- as compensation.
2. Notice was sent to OPs but OPs did not enter appearance despite service of notice on them.
3. Complainant has filed his affidavit of evidence.
4. We have heard complainant in person and gone through the record. Complainant has placed on record the letter cum notice dated 25/10/2016 sent to OP 2 about non functioning of the idea connection and its reminder dated
28/11/2016 along with its speed post receipts. We have gone through the letter cum notice and its reminder sent to OP 2 and the facts mentioned in the complaint find place in these letters.
5. OPs have neither appeared before this forum nor replied to the letters sent by the complainant, it seems that OPs are conversant with the non functioning of the Idea connection which was taken by the complainant from them and did not rectify the same on receipt of this complaint. As OPs have chosen not to appear and rebut the claim of the complainant we have no other option but to accept the allegations made by the complainant against the OPs.
6. We therefore, direct the OPs to return Rs. 2199/- the cost of the connection charged from the complainant and to pay Rs. 5,000/- as compensation within 30 days from the date of the receipt of the order failing which the above mentioned amount shall carry interest @ 9% per annum from the date of order. Copy of this order be sent to the parties as statutorily required. File be consigned to record room.
Announced on this 23rd Day of JAN. 2019.
