In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.171/2010   

1)                   The Waxpol Induastries Ltd.,

            9, Mitter House, 71, Ganesh Chandra Avenue,

            Kolkata-13, P.S. Bowbazar.                                                                               ---------- Complainant

---Versus---

1)                   Matrix Cellular International Services Pvt. Ltd.,

            Head Office at 7, Khullar Farms, Mundy Road,

            Mehrauli, New Delhi – 110030       and

            53, Sarat Bose Road, P.S. Bhowanipore, Kolkata-25.                                                      ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

Order No.   25    Dated  14-03-2013.

            The case of the complainant in short is that complainant is a company within the meaning of Section 3 of the Companies Act, 1956 and carries on business of manufacture and sale of car polishes, lubricants and other allied products under the brand name of ‘Waxpol’.

            For the purpose of keeping themselves updated and in touch  with the family member in the country as well as its business associates through the world, the complainant company obtained Sim Cards and Data Card for the use of their cellular phone and other communication service during the period for their stay at abroad i.e. between 6.3.09 and 24.3.09. The said card was purchased for the personal use of the directors.  

            Before leaving the country the company through its CMD & CEO vide a document dt.6.3.09 entered into an agreement on the written proforma supplied by o.p. in Kolkata for providing service in the manner as stated hereinabove.

            Complainant company states that to the utter dismay of the complainant their CMD and CEO through their stay in Italy the Sim card which was provided by o.p. did work for one or two days only but suddenly it stopped working.  The Data Card during their international trip which was given could not be configured as a result of which the CMD of the complainant company faced immense difficulties in keeping with their commitment by keeping in touch with the family members or the company associates not only in India but also throughout the world.

            Complainant contacted the Kolkata office of o.p. in respect of such defective sim card and who agreed to waive the charge for one sim of the phone for Italy which was not working. The o.p. company assured to improve the service within Matrix but in spite of assurance the services was not availed and the complainant sufferend immensely.

            Complainant also exchanged e-mail and other correspondences whereof no use. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            Sole o.p. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. Lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.