Chandigarh

DF-I

CC/718/2017

Anil Ahuja - Complainant(s)

Versus

Matrix Cellular (International) Services Pvt. Ltd. - Opp.Party(s)

Viraj Gandhi

04 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

 

 

                               

Consumer Complaint No.	:	CC/718/2017
Date of Institution	:	13/10/2017
Date of Decision	:	04/09/2018

 

Anil Ahuja S/o Shri Bihari Lal Ahuja, R/o H.No.42, Sec.4, Chandigarh.

…..Complainant

V E R S U S

1.     Matrix Cellular (International) Services Pvt. Ltd., Regd. Office at 7, Khullar Farm, Mandi Road, Mehrauli, New Delhi – 110030, through its Managing Director.

2.     Managing Director, Matrix Cellular (International) Services Pvt. Ltd., Regd. Office at 7, Khullar Farm, Mandi Road, Mehrauli, New Delhi – 110030.

3.     Matrix Cellular (International) Services Pvt. Ltd., SCO 188-189, 1^st Floor, Sector 8-C, Chandigarh, through its Manager.

……Opposite Parties

 

CORAM :	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                                       

ARGUED BY	:	Ms. Salina Chalana, Counsel for Complainant.
	:	Sh. Alankrit Bhardwaj, Counsel for Opposite Parties.

Per Suresh Kumar Sardana, member

1.         The facts of the consumer complaint, in brief, are that on 25.05.2017 the Complainant purchased one cell phone connection from Opposite Parties for remaining in touch with his family and friends, while traveling Unites States, for the period from 31.05.2017 to 13.07.2017 (Receipt Annexure C-1). The connection was issued by Opposite Party No.3 and activated on 31.05.2017. The quality of connection was highly poor. The outing calls were of very poor quality and the Complainant could hardly receive any incoming call. To the utter surprise of the Complainant, the said connection was deactivated just after 3 days i.e. on 03.06.2017 at midnight U.S. time. Frantic efforts made by the Complainant to get the connection re-activated did not fructify (e-mails Annexure C-2 colly). With the cup of woes brimming, the Complainant has filed the instant consumer complaint, alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Opposite Parties filed their written statement admitting the basic facts of the case. It has been pleaded that the sim card was never deactivated as the same was working from the end of the Company and the repeated Complaints made by the Complainant were answered and there might have been problem in the handset of the Complainant. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.
4.         The parties led evidence in support of their contentions.
5.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Parties.
6.         On perusal of the correspondence available at Annexure C-2 and C-3, there is no doubt that the Complainant has suffered immensely at the hands of the Opposite Parties due to non-availability of mobile connectivity while travelling abroad.
7.         We are not very much impressed by the stand taken by the Opposite Parties to the effect that only quad band handset works at USA, as nowhere the Opposite Parties had informed the same to the Complainant at the time of purchase of the matrix sim card and they have failed miserably in producing any documentary evidence qua that.  Thus, non-availability of mobile connectivity after purchase of international matrix card definitely to our mind amounts to deficiency in service on the part of the Opposite Parties.    
8.         In view of the foregoings, we are of the opinion that the present Complaint must succeed. The same is accordingly partly allowed. Opposite Parties are, jointly and severally, directed as under:-

 

[a]    To pay Rs.10,000/- as compensation on account of deficiency in service and causing mental and physical harassment to the Complainant; 

[b]    To pay Rs.5,000/- as cost of litigation;

 

9.      The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @9% per annum on the amount mentioned in sub-para [a] above from the date of institution of this complaint, till it is paid, apart from cost of litigation as in sub-para [b].

 

10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
04/09/2018	[Suresh Kumar Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”