DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.91/2016
Sh. Juginder Kumar Rawal
BA/8B, Ashok Vihar, Phase-I,
Delhi-110052 ….Complainant
Versus
Matrix Cellular (International) Services Ltd.,
7, Khullar Farms, Mandi Road,
Mehrauli, New Delhi-110030 ….Opposite Party
Date of Institution : 28.03.16 Date of Order : 19.01.19
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
Naina Bakshi, Member
ORDER
Briefly stated, the case of the complainant is that complainant made a telephone call to the OP for getting a SIM Card for visit to Dubai (UAE). It is stated that the OP handed over a SIM Card of Mobile No.971507084042 for UAE after taking/clicking copies of passport, visa, air ticket of the complainant and his wife on his ‘Tablet’ and collected cash of Rs.3,500/- from the complainant as security deposit with its effective dates 18th September, 2015 to 24th September, 2015. In this connection, the representative of the OP did not ask the complainant to sign any document, so no document was signed by the complainant. It is stated that the complainant received SMS from OP on 17.09.15 on his mobile No.9810838679 “Dear customer, your transaction details with Matrix have been sent on your email id. Please view and accept the same within 24 hours to avoid barring.” It is stated that the complainant checked the email received from OP dated Thu, Sept 17, 2015 at 9.59 PM with 3 attachments i.e. Customer Agreement Form, Terms and Conditions, Matrix Tariff Sheet for UAE and Matrix Payment Receipts of Rs.3500/-. Since the email was received at 9:59 PM on 17 Sept 2015 and the complainant was having flight for Dubai early morning of 18 Sept 2015, hence left with no option to click the option of ‘Accept’ to avoid barring. However, the customer’s signature on the Customer Agreement Form was not of the complainant, which could have been compared with the signatures on the copy of the passport of the complainant. It is submitted that the complainant had booked this trip for Dubai (UAE) from Make My Trip (India) Pvt. Ltd., UG-7, Upper Ground Floor, TDI Mall Rajouri Garden, New Delhi-110027 by making payment of Rs.1,29,495/- for himself and his wife Mrs. Sunita Rawal. It is stated that on 18 Sept 2015 morning, when the complainant alongwith his wife reached Dubai, the complainant inserted the Sim Card supplied by the OP in the mobile phone of the complainant, it did not activate and ‘no service’ was found written on the screen of the mobile phone. The SIM Card was of ‘Etisalat’. It is submitted that due to this fault of the OP, the complainant and his wife could neither contact their family member at India nor they could contact them on the number provided by the OP and was left with them as contact number of the complainant at Dubai, causes anxiety to them there and their family in India. Similarly, the complainant could not contact his tour operator Make My Trip locally in Dubai (UAE), caused so much inconvenience. It is submitted that full one day was wasted in trying to get OP’s Sim Card activated, asking their family member in India to make a complaint in OP’s office, which they did but to no avail. It is submitted that on 19 Sept 2015, complainant went to Etisalat office/outlet inside Dubai Mall and tell is ordeal to the representative of the company, he made the search from their system and supplied me the copy of the SOH Inquiries Search which shows the above mobile no. was activated in the name of Md. Raiqul Islam Md. Miah. When the complainant asked him for any option/remedy since their company (Etisalat) has tie up with Matrix, he told the complainant that OP has no tie up with their company, they just brought the SIM Cards from them in the name of Matrix, so for this fault of OP, he showed his helplessness. It is stated that since the complainant did not want to spoil his holidays at UAE, the complainant bought a fresh SIM Card with mobile No.0561156983 for AED 100.00 (INR 1,850). It is stated that the complainant claimed from the OP vide his letter dated 04.12.15, the amount in the form of expenses occurred and damages due to total fault of OP as detailed in the para No.13 of the complaint but the OP failed to pay the complainant the amount till date. However, the OP has responded by email dated 08.12.15 apologizing for the inconvenience caused to the complainant due to the non functionality of the Sim Card. OP has admitted that a complaint was received by them in this regard on 18 Sept 2015 and in such situation the OP has ‘obliged’ the complainant by not raising any bill for the ceased SIM Card and refunded the full security amount of Rs.35000/-. The complainant issued a legal notice dated 19.01.2016 to the OP to pay him the claim amount of Rs.39,770/- but the OP has neither responded to the notice nor paid the amount claim. Hence, pleading deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the present complaint for the following reliefs:-
a. Direct the OP to pay a sum of Rs.39,770/- to the complainant alongwith interest @ 12% p.a. from the date of filing of the claim with the OP till the date of payment.
b. Direct the OP to pay cost of the notice and legal expenses for filing and contesting the complaint.
OP in the written statement has inter-alia stated that the OP has refunded the full amount of Rs.3,500/- to the complainant on November, 18 2015 itself. The amount was taken as security deposit. As per the terms and conditions of the Consumer Agreement Form the complainant himself revealed true and actual extent of the liability that vest to OP. The OP infact upheld their obligation under the Consumer Agreement entered into with the complainant. The liability of the OP as per the Agreement entered with the complainant was to refund the amount of the security deposit to the complainant which was fully refunded on 18.11.15 itself, there is no cause of action as alleged by the complainant. The complainant after laying defective decided to approach a third party namely Etisalat. Inconvenience caused to the complainant was neither intentional nor deliberate. The unfortunately failure to activate service have been citied as per the sole reason of the OP to refund a sum of Rs.3500/- and additionally the OP did not charge for any service whatsoever. OP has prayed for dismissal of the complaint.
Complainant has filed the rejoinder and reiterated the averments made in the complaint.
Complainant has filed his own affidavit in evidence. On the other hand, affidavit of Sh. Binod Kumar Sinha, Executive Legal has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the parties and have also carefully gone through the file.
The complainant has filed a copy of the email received from the OP as Ex. C/1 wherein it is mentioned “ should there be any concern with regard to your subscription, please call us immediately at 0091126800000 or email us at th November, 2015. The complainant has sent a legal notice dated 19.01.16 to the OP as Ex. C/M,
Admittedly, the complainant was given a SIM Card of Mobile No.971507084042 for UAE after charging Rs.3,500/- as security deposit. But the same number could not be activated in Dubai as the same was already registered in the name of some other persons. The complainant had to buy a fresh SIM Card for an amount of Rs. AED 100.00 (INR 1,850) for contracting the family as well as to the tour operator and OP. As per the email dated 08.12.15 (Annexure C/L) OP had accepted its liability and refunded an amount of Rs.3500/- which was charged as security deposit. During this period, the complainant certainly has faced inconvenience due to negligence on the part of OP due to non working of the SIM card. Such conduct on the part of the OP amounts to deficiency in service and unfair trade practice on the part of the OP.
In view of the above discussion, we allow the complaint and direct the OP to pay an amount of Rs.10,000/- in lumpsum to the complainant as compensation for mental agony and harassment undergone by the complainant including cost of litigation.
The order shall be complied within 30 days of receipt of this order failing which OP shall become liable to pay interest @ 6% per annum on the above said amount of Rs.10,000/- from the date of filing of the complaint till its realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 19.01.19.
