By Sri. K. Gheevarghese, President:-

The complaint filed under section 12 of the Consumer Protection Act.

The complaint in brief is as follows:- The complainant is a subscriber of a wireless land phone connection in having No.322409. The connection was availed on 9.11.2006. At the time of installation it was assured that the subscriber would be given free incoming calls for the entire life time. The amount demanded towards the subscription charges were remitted by the Complainant without any failure. For the last one year the Complainant was not getting any signals. The instrument installed by the Opposite Party turned to be worthless. The request of the Complainant is not responded positively by the Opposite Parties. There may be an order directing the Opposite Party to refund Rs.3,470/- the amount paid towards the subscription of the land phone with interest at the rate of 12% along with cost of Rs.10,000/-.

2. The Opposite Parties were issued notice and they were declared exparte in the absence of filing version.

3. The points in consideration are :-

1. Is there any deficiency in service on the part of the Opposite Party?

2. Relief and cost.

4. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant and receipt produced. Ext.A1 is the receipt produced by the Complainant which shows Rs.3,470/- is received by the 1^st Opposite Party on 09.11.2006. The allegation of the Complainant is that the incoming calls are offered freely through out the life of the Complainant unless the contrary is proved, we are inclined to consider that the land phone connection of the Complainant is disfunct due to the failure of signals. Rs.3,470/- is found to be received by the Opposite Party. Failure of signals to the land phone of the Complainant is nothing but short of deficiency in service. The amount received by the Opposite Party as the subscription charge is to be refunded.

In the result, the complaint is partly allowed. The 1^st and 2^nd Opposite Parties are directed to refund Rs.3,470/- (Rupees Three thousand Four hundred and Seventy only) the subscription charge received for the installation of the wireless land phone set. The Opposite Parties are also entitled to take back the land phone set on payment of the amount ordered. This is to be complied within one month by the Opposite Parties on receipt of this order. No order as to cost and compensation.

Pronounced in open Forum on this the day of 31^st August 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Receipt. dt:09.11.2006.

Exhibits for the Opposite Parties:

Nil.