judgements Fort Road,Kasaragod consumer case(CC) No. CC/08/72
Ambika M
...........Appellant(s)
Vs.
Manager
...........Respondent(s)
BEFORE:
1. K.T.Sidhiq 2. P.P.Shymaladevi 3. P.Ramadevi
Complainant(s)/Appellant(s):
1. Ambika M
OppositeParty/Respondent(s):
1. Manager
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of filing : 27-05-2008 Date of order : 14-08-2008 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.72/08 Dated this, the 14th day of August 2008 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Ambika.M, W/o.Gopalakrishnan Nair.M, } Complainant Kolikkal House, Pakkam.Po, Pallikere, Kasaragod.Dt. 671316. The Manager, Reliance India Mobile, } Opposite party. Bengacherry Complex, Opp: Vyapara Bhavan, Kanhangad. O R D E R SRI.K.T.SIDHIQ, PRESIDENT In terse, Complainant Ambika avers that she purchased a Reliance India Pre-paid mobile phone for Rs.2200/- and she paid Rs.100/- towards activation charges. It was a RD 3330 LG phone. The mobile number was 9388929648. The sales man of the opposite party explained about the various offers and it was promised that she would get free incoming calls with one year duration and 2000 minutes free calls to other reliance phones. Enticed with the said offers she purchased the reliance mobile and she could avail free incoming call facility only for 7 days. So when she approached the Manager, Reliance India Mobile, the free incoming facility was extended to one month further. After one month she again approached the opposite party at that time opposite party stated lame excuses and finally after few days the free incoming facility was extended to 6 more months i.e till 19-11-07. That apart she could not get the free call facility even for a minute as assured against 2000 minutes. When she enquired about this anomaly in the customer care center of reliance communications it was told to her that she was supplied with a phone the offer made in which was expirated and it was a used one earlier . Hence the complaint alleging unfair trade practice on the part of Manager, Reliance India Mobile, Bengacherry Complex, Kanhangad on the ground that she was supplied with in expirated used mobile phone as brand new. 2. Notice to opposite party issued by registered post it was served on opposite party on 4-6-08. But opposite party did not turn up. Hence Opposite party was set exparte. 3. Ambika examined as PW1 and the brochure of Reliance India Mobile Pre paid connection is were marked as Ext.A1. 4. On going through the evidence of Ambika it is clear that she is subjected to grossest unfair trade practice. The sale of an expirated used mobile phone as brand new is a best example for unfair trade practice as envisaged U/s 2(1) ( r ) of Consumer Protection Act. Hence the Manager, Reliance India Mobile, Bengachery Complex, Kanhangad is liable to compensate Ambika for the loss and hardships suffered by her. 5. Therefore we allow the complaint and the Manager, Reliance India Mobile is directed to refund the sum of Rs.2200/- which collected from Ambika towards the purchase price of the mobile phone with Rs.100/- collected towards activation charges. As settled by the Honble Supreme Court compensation has to be awarded not only to recompense for the loss sustained but it shall be to make a qualitative change in the mind of the wrong doer. Hence we further direct the Reliance India Mobile, Manager to pay Rs.3000/- towards compensation and Rs.2000/- towards the cost of the proceedings. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which proceedings U/s 25 & 27 of Consumer Protection Act will follow on application by Smt. Ambika. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Ext.A1. Brouchure of Reliance India Mobile. PW1.Ambika.M. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
