DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.76/2010
Sh. Dinesh Bhatia
S/o Sh. Ashok Bhatia
R/o 30/40 2nd Floor,
Old Rajender Nagar,
New Delhi-110060 ….Complainant
Versus
1. M/s Midas Marketing Solutions,
through its Proprietor
C-23, First Floor,
South Extension-1,
New Delhi-110049
2. The Regional Manager
IDEA Cellular Limited
Idea Cellular Limited
A-68, Sector-64,
Noida-201301 (U.P.) ……Opposite Parties
Date of Institution : 03.02.10 Date of Order : 17.09.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated the case of the Complainant is that he had purchased a new idea postpaid mobile connection from OP No.1 for Rs.1000/- on 20.06.09 vide receipt No. MMS-115/2218, consumer application No.1436880 and Sim Card bearing No.89910483020947657720 was provided by the OP No.1 with the assurance that the Sim Card will be activated within 24 hours from the date of its purchase and simultaneously the mobile number will be issued to the Complainant. But even after 72 hours when the Sim was not activated he approached OP No.2. The representative of OP No.1 stated that the Sim will be activiateded within one hour. When the Sim was not activated he tried to contract OP No.2 but nobody was picking up the phone. He lodged a complaint with the Customer Care Department and narrated his grievance; the official of the Customer Care informed on 24.06.09 that he can file the complaint on another number. When no response was received he filed a fresh complaint on 04.07.09 and it was assured that within 72 hours the complaint will be rectified. When no reply was received from the OPs he visited the office of OP personally. When even after making personal visits, correspondence with the OPs the Sim was not activated he got the legal notice served through Advocate - brother but in vain. Hence, pleading deficiency in service on the part of OPs the complaint has been filed with the following reliefs:
- Direct the OPs to refund a sum of Rs.1000/- received by the OPs on 20.06.09 as cost of the Sim which was never activated,
- Direct the OPs to pay a sum of Rs.3,500/- towards charges of the legal notice,
- Direct the OPs to pay a sum of Rs.30,000/- towards counsel’s fees and litigation charges.
- Direct the OPs to pay Rs.1 lac for mental torture and harassment caused to the Complainant.
Appearance was put on behalf of OP-2 on 7.9.2011 and 21.12.2011 but thereafter OP No.2 and OP No.1 were proceeded exparte vide order dated 20.03.2012 & 10.10.2012 respectively passed by our predecessors.
Complainant’s father/his AR has filed his affidavit in exparte evidence and written arguments.
We have heard counsel for the Complainant and have also gone through the file very carefully.
OPs have the knowledge about the filing of the complaint but did not chosen to contest it.
The Complainant has filed a receipt dated 20.06.2009 whereby the OP No. 1 had issued a receipt for Rs.1000/- against the delivery of SIM card No. 89910483020947657720 on behalf of OP-2 alongwith the customer application form (copy annexure-A). Copies of correspondences made on behalf of the complainant with the OPs are Annexure. C to H.
Averments made in the complaint and evidence led by the Complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant.
It is evident from the record that the Complainant purchased a Sim card from the OPs and the same was not activated by the OPs. Therefore, we hold the OPs for guilty of unfair trade practice, allow the complaint and direct the OP No.2 to refund the deposited amount of Rs.1000/- alongwith interest @ 6% per annum from the date of its deposit i.e. 20.06.09 till the date of realization. OP No.2 is also directed to pay a sum of Rs.1500/- for harassment and mental agony undergone by the Complainant including the cost of the litigation.
The order shall be complied within 30 days of receipt of copy of this order failing which OP No. 2 shall become liable to pay interest @ Rs. 9% per annum on the amount of Rs.1000/- from 20.6.2009 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 17.9.2016
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 76/10
17.9.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is allowed. OP No. 2 is directed to refund the deposited amount of Rs.1000/- alongwith interest @ 6% per annum from the date of its deposit i.e. 20.06.09 till the date of realization. OP No.2 is also directed to pay a sum of Rs.1500/- for harassment and mental agony undergone by the Complainant including the cost of the litigation. The order shall be complied within 30 days of receipt of copy of this order failing which OP No. 2 shall become liable to pay interest @ Rs. 9% per annum on the amount of Rs.1000/- from 20.6.2009 till its realization. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
