DOF 05.08.2011
DOO. 20.12.2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri.K.Gopalan: President
Smt.M.D.Jessy: Member
Dated this, the 20th day of December 2011
C.C.No.243/2011
KM.Sivakumar,
Kunnumbrath Mavilaveedu,
Kundyam Kovvl,
P.O.Kankol
(Via)Payyannur. Complainant
The Manger,
Customers Service,
Vodaphone Essar Cellulr Ltd.,
XL/5115. 2nd floor,
Assis Building,
Shanmugham Road, Kochi 682 031. Opposite party
O R D E R
Smt.M.D.Jessy, Member
This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite party to pay an amount of `2 lakhs as compensation for the defective service rendered by the opposite party and for the mental agony suffered by the complainant.
The brief facts of the complainant’s case is as follows: The complainant by producing his election identity card having No.KL.101/005/519599 purchased a mobile sim cards bearing number 9539004623 provided by Vodaphone company. The said mobile sim card was used by the wife of the complainant. On 10.4.2010 when the complainant tried to contact his wife through the said mobile connection he got a reply that the mobile phone is switched off. The same answer was received by the complainant when he tried later also. Since the complainant was having no other option for contacting his wife he enquired about his connection to the customer care executive of the Vodaphone mobile company. There after also it was confirmed that the said mobile connection was in the name of the complainant. But when the complainant again tried to connect to the above said number the call was received by a stranger stating that it is his mobile sim card number. The opposite party allotted the Sim card number which was purchased by the complainant to another person in violation of the rules provided for the distribution of mobile sim card. Even though complainant caused to sent lawyer notice to the opposite party who is the customer service Manger intimating the grievance of the complainant, there was no reply for he same. There is gross deficiency of service on the part of the opposite party whereby he had suffered loss and mental agony .Thus he claims an amount of `2 lakhs as compensation and `15,000 towards the expenses incurred.
On receipt of the complaint forum sent notice to opposite party. Even though notice was duly served, the opposite party did not take care to appear and file their version. Subsequently the opposite party was called absent and set exparte.
From the pleadings the following issues were raised for consideration.
1.Whether there is territorial jurisdiction to entertain the
complaint before this Forum?
2. Whether the complainant is a consumer as defined under the
consumer protection Act?
3. Whether the complainant is entitled to get compensation
as claimed?
4. Relief and cost.
The evidence in this case consists of chief affidavit of the complainant and Exts.A1 and A2.
Issue Nos. 1 & 2
Complainant adduced evidence by way of affidavit in tune with the pleadings in the complaint. Complainant alleged that he had purchased a sim card bearing No.9539004623 connecting the network service provided by Vodaphone Company. Even though he has pleaded that he has purchased the said sim card from one Murali Agencies at Kankol Payyannur, no bill is seen produced by the complainant to prove that he had actually purchased the sim card in his name from the said Murali Agencies by paying money.Ext.A2 is only a sim card cover from which we cannot presume anything about the purchase of the sim card by the complainant or its place, date and value of purchase. The opposite party shown is not a person who comes within the jurisdiction of this Forum for maintaining the complaint to this Forum. The retail dealer of the sim card has not been made as a party to the proceedings. Without proving the fact that the complainant actually purchased the sim card from the authorized outlet provided by the opposite party by paying consideration, the complainant cannot be considered as a consumer as defined under the consumer protection Act. Since there is no documentary evidence to prove the purchase of the simcard by the complainant from the opposite party within the jurisdiction of this Forum. The complaint is not maintainable. Hence the issues are found against the complainant.
Issue Nos. 3 and 4
Since issue Nos. 1 and 2 are found against the complainant, the complainant is not entitled to get any relief as claimed. Thus the complaint is liable to be dismissed.
In the result, the complaint is dismissed without cost.
Sd/- Sd/-
President Member
APPENDIX
Exhibits for the complainant
A1.Copy of the lawyer notice sent to OP
A2.Cover issued by OP
A4. Postal AD
Exhibits for the opposite party: Nil
Witness examined for either side: Nil /forwarded by order/
Senior Superintendent
Consumer Disputes Redressal Forum, Kannur
