Sh.Anoop Sharma, Presiding Member
1. Sh.Mahesh Kumar has brought the instant complaint under the Consumer Protection Act, on the allegations that he is a retired senior citizen and has earned commendable respect in the society. Opposite Party No.1 approached complainant for selling of prepaid plan amounting to Rs.10425/- by making big claims about the scheme. It was assured that the company will provide unlimited calling including roaming, STD, unlimited messages and unlimited 3G internet data for one year for which a copy of plan was sent by Opposite Party No.1 to the complainant on his whatsapp number. On 28th July, 2016 the connection was started and after giving 1-2 hours 3G data speed, the complainant was put to 2G data speed. A message was also received from Opposite Party No.2 that since the complainant had used 3G data, hence he was put on 2G data speed of 64 KB, then the complainant lodged a complaint with customer care, but no action was taken and this problem remained continued. On 29.7.2016, a message was received from customer are that his plan is RGMaxvalue 1299, monthly rental Rs.1299/-, wherein free units: Local and NLD Voice 6000 mins and STD SMS 3000. Net connect Usage 5120.00MB, then the complainant approached Opposite Party No.1 and enquired from him that he sold the plan as pre paid unlimited plan for one year then how the rent of plan was shown as Rs.1299/- per month with limited data usage by Opposite Party No.2. Not only this, on 31st July, 2016 the outgoing call and internet facility of the connection in dispute was blocked and when the complainant enquired from the customer care, he intimated that the number was blocked for want of payment. Then, the complainant informed that he has already paid Rs.10425/- in advance against receipt, then the representative of Opposite Parties told that outgoing call facility will not be started until the complainant will make the payment again. Again on 2nd August, the speed of internet was 0.45 kb and Opposite Party No.1 has been apprised of the problem and requested to disconnect his connection and amount paid by the complainant be returned, but no action was taken. Thereafter, the complainant time and again lodged so many complaints with Opposite Parties, but no reply has been received by the complainant. Vide instant complaint, the complainant has sought the following reliefs:-
a) Opposite Parties may be directed to disconnect the number 9569556181 and return Rs.10425/- to the complainant which Opposite Party No.1 took fraudulently from the complainant against receipt.
b) An exemplary penalty be imposed upon Opposite Parties No.1 and 2.
c) The complaint be also awarded a lumpsum amount of Rs.10000/- as costs of the present litigation.
d) The complainant be also awarded any other relief, to which the Forum deem him entitled under the law, equity and natural justice.
Hence, this complaint.
2. Upon notice, both the Opposite Parties appeared through their separate counsel, but written version not filed by Opposite Parties No.1 and 2 despite lapse of statutory period of 45 days from the date of service, hence Opposite Parties No.1 and 2 have forfeited their right to file the written version. But however, at later stage, none appeared on behalf of Opposite Parties, hence Opposite Parties No.1 and 2 were proceeded against exparte.
3. In his bid to prove the case, complainant tendered his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and copies of documents Ex.C2 to Ex.C19 and closed the exparte evidence.
4. We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.
5. From the appraisal of the evidence on record, it becomes evident that the Opposite Party No.1 approached the complainant for selling of prepaid plan amounting to Rs.10425/- by making big claims about the scheme of the Opposite Parties. It was assured that the company will provide unlimited calling including roaming, STD, unlimited messages and unlimited 3G internet data for one year for which a copy of plan was sent by Opposite Party No.1 to the complainant on his whatsapp number. On 28th July, 2016 the connection was started and after giving 1-2 hours 3G data speed, the complainant was put to 2G data speed. A message was also received from Opposite Party No.2 that since the complainant had used 3G data, hence he was put on 2G data speed of 64 KB, then the complainant lodged a complaint with customer care, but no action was taken and this problem remained continued. On 29.7.2016, a message was received from customer are that his plan is RGMaxvalue 1299, monthly rental Rs.1299/-, wherein free units: Local and NLD Voice 6000 mins and STD SMS 3000. Net connect Usage 5120.00MB, then the complainant approached Opposite Party No.1 and enquired from him that he sold the plan as pre paid unlimited plan for one year then how the rent of plan was shown as Rs.1299/- per month with limited data usage by Opposite Party No.2. Not only this, on 31st July, 2016 the outgoing call and internet facility of the connection in dispute was blocked and when the complainant enquired from the customer care, he intimated that the number was blocked for want of payment. Then, the complainant informed that he has already paid Rs.10425/- in advance against receipt, then the representative of Opposite Parties told that outgoing call facility will not be started until the complainant will make the payment again. Again on 2nd August, the speed of internet was 0.45 kb and Opposite Party No.1 has been apprised of the problem and requested to disconnect his connection and amount paid by the complainant be returned, but no action was taken. Thereafter, the complainant time and again lodged so many complaints with Opposite Parties, but no reply has been received by the complainant. On the other hand, though at initial stage, ld.counsel for both the Opposite Parties appeared, but written version not filed by Opposite Parties No.1 and 2 despite lapse of statutory period of 45 days from the date of service, hence Opposite Parties No.1 and 2 have forfeited their right to file the written version. But however, at later stage, none appeared on behalf of Opposite Parties, hence Opposite Parties No.1 and 2 were proceeded against exparte. As such, the evidence produced by the complainant has gone unrebutted on record. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties have no defence to dislodge the complaint. So in such a situation, the Opposite Parties are definitely liable to redress the grievance of the complainant sought for in his complaint duly supported by his attested affidavit Ex.C1.
6. Consequently, the instant complaint succeeds and the Opposite Parties are directed to disconnect the number 9569556181 of the complainant and refund Rs.10425/- to the complainant which Opposite Party No.1 took from the complainant against receipt alongwith interest @ 6% per annum from the date of passing of the order until full and final payment. Both the Opposite Parties are jointly and severally directed to pay Rs.1000/- as litigation expenses to the complainant. The complaint stands allowed accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
