IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA Dated this the 22nd day of October, 2009. Present : Sri. Jacob Stephen (President) Smt. C. Lathika Bhai (Member) Sri. N. Premkumar (Member) C.C.No.82/09 Between: Lijo Abraham Thomas, Manappurathu, Thadiyoor, Thiruvalla – 689 545. ..... Complainant And: - Jaison,
J.J. Stores, Thadiyoor, Thiruvalla – 689 545. - Idea Cellular Ltd.,
4th Floor, Mercy Estate, Ravipuram, Kochi – 682 015. (By Adv. Koshy Thomas) ..... Opposite parties. O R D E R Sri. N. Premkumar (Member): Complainant filed this complaint for getting a relief from the Forum. 2. Fact of the case in brief is as follows: Complainant is a customer of Idea Cellular Company. The 2nd opposite party has made several offers for this customer. Complainant paid Rs.80/- on 7.6.2009 through 1st opposite party and get recharged (Tariff Vouchers Flexi) his mobile. As per the scheme, the 2nd opposite party offered various call offers including idea to idea free message. But complainant has not received the said message offer for his messages as offered by the company. He made several complaints to the idea customer care. But opposite parties neither resolved or replied the matter. Hence this complaint for getting the amount of Rs.80/- with compensation and cost from the opposite parties for their deficiency of service and unfair trade practice. 3. Opposite parties has not turned up. Hence they were declared exparte. 4. On the above pleadings, the following points are raised for consideration. (1) Whether the complaint is maintainable before the Forum? (2) Whether the reliefs sought for in the complaint are allowable? (3) Relief and Cost? 5. The evidence of the case consists of the oral evidence of the complainant who has been examined as PW1 and the documents produced are marked as Exts.A1 and A2. Opposite parties has not contested the case. After the closure of evidence, complainant was heard. 6. Point Nos. 1 to 3:- Complainant’s case is that he paid Rs.80/- to opposite parties and get recharged his mobile phone as per the offer made by the 2nd opposite party in their Tariff Voucher Flexi. But he has not received the idea-to-idea free message offer. He was also charged for the said message. He made several complaints. But opposite parties has not settled his grievances. 7. In order to prove the complainant’s case, he was examined as PW1 and the documents produced by him have been marked as Ext.A1 and A2. Ext.A1 is the copy of Tariff Vouchers Flexi issued by the opposite parties. Ext.A2 is the Computer print of S.M.S sent by idea customer to the complainant with regard to the register of complaints. 8. On going through the material on record, it is revealed that complainant is a customer of opposite parties and believing the offer he paid Rs.80/- and got Ext.A1 Tariff Vouchers Flexi. Tariff benefits are stated in Ext.A1. But according to the complainant he has not received the free S.M.S service. On a perusal of Ext.A2, it is evident that complainant had sent several complaints to idea customer care. Though the complaints were registered by idea customer care, opposite parties failed to resolve the grievances. 9. Though the opposite parties made several offers as per Ext.A1, complainant’s only dispute is with regard to the free idea-to-idea message offer. This is evident from complainant’s deposition, which is as follows: “F¶m F\n¡v idea to idea free message offer e`n¨nÓ. “Message- \v charge ImWnöv hnNmcn¨v Ab¨ S.M.S þ\v Hs¡ ]Ww \ÂtIn h¶p“. 10. The available evidence on record shows that complainant has informed his grievances several times through S.M.S. But opposite parties failed to resolve it. Though the opposite parties accepted the notice from this Forum, they have not turned up. All this shows their negligence and inaction in resolving the grievance of the complainant. Opposite parties neither contested nor disproved the complainant’s case. The denial of the tariff benefit of free SMS to the complainant as offered in Ext.A1 is a clear deficiency of service. Hence opposite parties are liable to pay compensation and cost to the complainant. The demand for Rs.10,000/- as compensation is not supported by any evidence. However, the complainant is entitled to get reasonable compensation and cost. 11. In the result, this complaint is allowed; thereby the opposite parties are directed to pay Rs.500/- (Rupees Five hundred only) as compensation and a cost of Rs.200/- (Rupees Two hundred only) to the complainant. The opposite parties are directed to pay the aforesaid amount to the complainant within 30 days from the date of receipt of this order, failing which interest will follow at the rate of 10% per annum for the amounts so ordered till the whole payment from this date. Declared in the Open Forum on this the 22nd day of October, 2009. (Sd/-) N. Premkumar, (Member) Sri. Jacob Stephen (President) : (Sd/-) Smt. C. Lathika Bhai (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: PW1 : Lijo Abraham Thomas Exhibits marked on the side of the complainant: A1 : Photocopy of the Tariff Vouchers (Flexi) A2 : Photocopy of the Computer Print of SMS Witness examined on the side of the opposite parties: Nil Exhibits marked on the side of the opposite parties: Nil. (By Order) Senior Superintendent. Copy to:- (1) Lijo Abraham Thomas, Manappurathu, Thadiyoor, Thiruvalla – 689 545. (2) Jaison, J.J. Stores, Thadiyoor, Thiruvalla – 689 545. (3) Idea Cellular Ltd., 4th Floor, Mercy Estate, Ravipuram, Kochi – 682 015. (4) The Stock File.
......................Jacob Stephen
......................LathikaBhai
......................N.PremKumar | | 
