KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.126/06 JUDGMENT DATED 28.10.09 PRESENT JUSTICE SHRI. K.R.UDAYABHANU -- PRESIDENT SRI.M.K.ABDULLA SONA -- MEMBER 1. M/s.Reliance Infocom Ltd. Rep. by the officer in charge Customer care, ‘A’ Block, 1st Floor Dhirubai ambani knowledge city, Navi-Mumbai PIN-400 709. 2. The Manager, -- APPELLANTS Reliance Web World, Palarivattom. (By Adv.George Cheriyan Karippaparambil) Vs. Mr.Jacob Koshy, Chief Engineer (Rtd.) -- RESPONDENT Manjusha, Chathangattu Road, Kochi. JUDGMENT JUSTICE SHRI. K.R.UDAYABHANU,PRESIDENT The appellants are the opposite parties in OP.305/05 in the file of CDRF, Ernakulam. The appellants are under orders to refund the deposited amount of Rs.21,000/- less the amount due towards call charges and also to pay Rs.500/- as costs. 2. It is the case of the complainant that he availed a phone connection from the opposite parties as per the scheme ‘Pioneer offer’ on payment of Rs.21,000/- on 12.4.03. It is the case of the complainant that the ISD facility as promised was not provided. Hence he surrendered the hand set on 31.12.03 but the amount deposited was not refunded although, it was undertaken to refund the amount. 3. The opposite parties have contended that as per the scheme Rs.3,000/- in addition has to be deposited for availing ISD facility. It is also contended that Rs.3000/- included in Rs.21,000/- was towards club membership which is not refundable. It is also contended that as per the scheme if the subscriber wants to exist from the scheme before 36 months he has to pay Rs.40/- per month for the remaining period which would work out Rs.1,080/-. It is also pointed out that he has not paid the call charges till the date of exit. 4. The evidence adduced consisted of DW1 and Exts.A1 to A5. 5. The Forum has held that the condition that the club membership fee of Rs.3000/- is non refundable cannot be upheld. There is no evidence as to providing of any club membership facility. The Forum has allowed the contention of the opposite parties that call charges up to the date of exit has to be remitted. The Forum has not mentioned anything about the condition to pay Rs.40/- per month if the subscriber withdrawn from the scheme before 3 years which is the lock in period. 6. As pointed out the counsel for the appellant it is seen from the copy of the brochure of the scheme that the subscriber has to pay Rs.40/- per month if he withdraws from the scheme before 3 years. We find that the above case of the appellant has to be allowed. The contention of the appellant that club membership of Rs.3000/- is non refundable cannot be upheld in view of the fact that there is no evidence as to providing any club facilities. 7. Hence the order of the Forum is modified to the effect that the appellant will be entitled to deduct the unpaid call charges without any penalty or penal interest as well as Rs.1,080/- towards pre term exit, also without any penal interest. The balance amount has to be refunded to the complainant. The appellant would also liable to pay interest at 12% on the above amount from the date of decision of the Forum ie; on 16.11.05. The amount is to be paid within 3 months from the date of receipt of the copy of this order failing which the complainant will be entitled for interest at 18%. The appeal is allowed in part as above. Office is directed to return the LCR along with the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT M.K.ABDULLA SONA -- MEMBER | 
