BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> C.C.No. 159/2007 Filed on 21.06.2007<br /> Dated : 29.09.2008<br /> Complainant:<br /> Appukkuttan Nair, S/o Govindapilla, Vijaya Vilasom, Mekkolla, Dhanuvachapuram P.O, Neyyattinkara. <br /> Opposite party:<br /> Sales Manager, Reliance Web World Express, Akshaya Shopping Complex, Neyyattinkara. <br /> <br /> This O.P having been heard on 28.08.2008, the Forum on 29.09.2008 delivered the following:<br /> ORDER <br /> SMT. BEENAKUMARI.A: MEMBER<br /> The facts of the case are as follows: Complainant approached the opposite party, the Sales Manager, Reliance Web World Express, Neyyattinkara for a mobile phone and he had paid Rs. 1772/- as per bill No. 572 on 19.03.2007. The opposite party had informed to him to come after two days. As per that the complainant approached the opposite party on 21.03.2007. Then the opposite party informed the complainant that a land phone has been allotted to him, but the complainant refused to accept that. He replied that he already has a land phone connection and he has no need to take another land phone and he demanded to refund his money, which has been paid by him. Then the opposite party replied that it was impossible to return the amount and advised the complainant to approach the opposite party's company at Overbridge, Thiruvananthapuram. Then the complainant approached the company at Overbridge on 10.04.2007. They assured the complainant that the phone will be delivered to his house. But the complainant has not received the phone till now. He approached the opposite party several times. But they did not give the mobile phone to the complainant and moreover they teased the complainant also. The act of the opposite party caused mental agony and hardship to the complainant. Hence he approached this Forum for the redressal of his grievances. <br /> The opposite party accepted notice from this Forum, but he did not appear before this Forum to contest the case. Hence he has been set exparte. <br /> Points to be considered:<br /> (i)Whether there is unfair trade practice or deficiency in service from the part of opposite party?<br /> (ii)Reliefs and costs. <br /> Points (i) & (ii):- The complainant has been examined as PW1 and 3 documents were marked as Exts. P1 to P3. Ext. P1 is the bill issued by opposite party to the complainant for Rs. 1772/- dated 19.03.2007. Ext. P2 is the notice sent by the complainant to the opposite party dated 21.05.2007. Ext. P3 is the copy of acknowledgement card signed by the opposite party. Ext. P1 bill shows that the complainant has paid Rs. 1772/- to the opposite party. But the complainant alleges that the opposite party has not delivered the mobile phone to the complainant. The opposite party never appeared before this Forum to contest the allegation levelled against them. Hence the pleadings stands unchallenged. Moreover the documents on record goes to prove the case of the complainant. The complainant who is a senior citizen aged 74 years has been unnecessarily dragged to this Forum for redressal of his grievances. The act of the opposite party is against ethics, unjust and illegal. The complainant's repeated requests and demands were denied by the opposite party. This act of the opposite party is a clear case of deficiency in service and unfair trade practice. The opposite party should compensate the complainant for their unfair trade practice and deficiency in service. The opposite party ought to have given the mobile phone to the complainant or refunded the amount as and when the complainant demanded. In the light of the above discussions, complaint is allowed. <br /> The opposite party is directed to pay Rs. 1772/- (Rupees one thousand seven hundred and seventy two only) to the complainant and also to pay Rs. 1000/- (Rupees one thousand only) as compensation and Rs. 1000/- (Rupees one thousand only) as the cost of this proceedings. Time for compliance is one month. Thereafter 12% interest per annum shall be paid till the realisation of these amounts.<br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 29th September 2008.<br /> <br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> <br /> G. SIVAPRASAD :PRESIDENT<br /> <br /> <br /> S.K.SREELA : MEMBER<br /> <br /> <br /> <br /> C.C.No. 159/2007<br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS : <br /> PW1 - Appukkuttan Nair<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Photocopy of cash receipt dated 19.03.2007 for Rs. 1772/- <br /> issued by the opposite party to the complainant. <br /> <br /> P2 - Photocopy of notice dated 21.05.2007 sent by the <br /> complainant to the opposite party. <br /> <br /> P3 - Photocopy of acknowledgement card signed by the opposite <br /> party. <br /> III OPPOSITE PARTY'S WITNESS :<br /> NIL<br /> IV OPPOSITE PARTY'S DOCUMENTS :<br /> NIL<br /> <br /> <br /> <br /> PRESIDENT<br />