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C.C. No. 71 of 2009rd July 20092 complainant paid Rs. 93/- to each SIM card towards bill amount totaling Rs. 186/- without using two SIM cards vide receipt Nos. 6752853 & 6752901, dt. 31-5-2007. So the purpose of the two SIM cards was not fruitful and the complainant suffered mentally and financially. The complainant wrote a letter dt. 11-6-2007 to cancel two SIM cards and refund Rs. 1,000/- deposited by him. But it was not done so. At last the complainant got issued notice dt. 21-8-2007. There was no reply. Thus the complaint was filed for Rs. 1000/- with interest @ 24% p.a. from 25-4-2007 till realization and Rs. 186/- towards mobile charges and Rs. 10,000/- towards compensation and Rs. 10,000/- towards damages and Rs. 1,000/- towards costs. 3. Notice was served to the respondent and the respondent was absent on 15-5-2009. However, the Forum granted time till 19-6-2009 for filing any counter. But there was no representation. So the respondent was called absent and set exparte on 19-6-2009. 4. On the basis of the above pleadings the following points are settled for determination. i. Whether there is any negligence and deficiency of service on the part of the respondent? ii. Whether the complainant is entitled to the relief as prayed for? iii. To what relief? 5. On behalf of the complainant Ex. A1 to A9 were marked. 6. Point No. 1 & 2 The complainant purchased two SIM cards for Rs. 100/- each on 25-4-2007 from the respondent under bill Nos. 65 & 66 under Ex. A1 & A2. He deposited Rs. 500/- as refundable amount to the respondent on 25-4-2007 itself for two mobile SIM card Nos. 9246945439 & 9246945619 under Ex. A3 and A4. The Tata Indicom company offered free talk time facility from Tata C.C. No. 71 of 20093 Indicom SIM to Tata Indicom SIM. As both the cards were not provided with free talk time, the complainant returned two SIM cards to the opposite party, who offered another two SIM cards bearing Nos. 9246945980 & 9246945981. Unfortunately the two SIM cards were already sold to one A.V. Bhaskar Reddy. So the respondent sold away the two SIM cards to the complainant which was already issued in the name of Bhaskar Reddy. Apart from it the complainant paid Rs. 93/- to each SIM card towards charges totaling Rs. 186/- under Ex. A5 & A6. He got issued a notice on 21-8-2007 through Proddatur Mandal Consumer Rights Protection Society. The office copy of the notice was Ex. A7. It was received by the respondent. The Xerox copy of the postal acknowledgement was Ex. A8. Ex. A9 was Xerox copy of letter dt. 11-6-2007. The respondent issued two SIM cards earlier without having free talk time facility and later issued another two SIM cards which were already given to one A.V. Bhaskar Reddy, caused much mental agony and financial loss to the complainant. Thus there is deficiency of service on the part of the respondents. Hence, the points are answered accordingly. 7. Point No. 3 In the result, the complaint is allowed, directing the respondent to pay Rs. 1,000/- (Rupees one thousand only) towards refundable deposit amount, Rs. 186/- (Rupees one hundred eighty six only) towards mobile charges and Rs. 500/- (Rupees five hundred only) towards mental agony and Rs. 500/- (Rupees five hundred only) towards costs, payable within 30 days from the date of receipt of this order. Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 03 MEMBER MEMBER PRESIDENT C.C. No. 71 of 2009rd July 20094 APPENDIX OF EVIDENCE Witnesses examined. For Complainant NIL For Respondent : NIL Exhibits marked for Complainant : - Ex. A1 X/c of cash / Credit bill No. 65, dt. 25-4-2007. Ex. A2 X/c of cash / Credit bill No. 66, dt. 25-4-2007. Ex. A3 X/c of receipt Sl.No. 75, dt. 25-4-2007 for Rs. 500/-. Ex. A4 X/c of receipt Sl.No. 76, dt. 25-4-2007 for Rs. 500/-. Ex. A5 X/c of receipt, dt. 31-5-2007 issued by respondent. Ex. A6 X/c of receipt, dt. 31-5-2007 issued by respondent. Ex. A7 X/c of legal notice from Proddatur Mandal Consumers Rights Protection Society to respondent. Ex. A8 X/c of postal acknowledgement. Ex. A9 X/c of letter, dt. 11-6-2007. Exhibits marked for Respondents: - ----NIL---- MEMBER MEMBER PRESIDENT Copy to :- 1) Sri G.M.B. Murali Krishna, Advocate. 2) M/s Dhandapani Tele Services, Shop No. 1/23, 10/245, Tallamsai Residence, Gandhi Road, Proddatur 516360, Kadapa District. 1) Copy was made ready on : 2) Copy was dispatched on : 3) Copy of delivered to parties : B.V.P. - - - C.C. No. 71 of 2009 DISTRICT FORUM :: KADAPA PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT SMT. B. DURGA KUMARI, B.A., B.L., MEMBER SRI S.A. KHADER BASHA, B.Sc., MEMBER. Friday, 03 CONSUMER COMPLAINT No. 71 / 2009 Palla Sreehari Babu, S/o Nagabhushanam, aged about 32 years, Hindu, D.No. 14/33-5, Sreenivasapuram Village, PW Office Backside, Proddatur. ….. Complainant. Vs. M/s Dhandapani Tele Services, Shop No. 1/23, 10/245, Tallamsai Residence, Gandhi Road, Proddatur 516360, Kadapa District. ….. Respondent. This complaint coming on this day for final hearing on 01-7-2009 in the presence of Sri G.M.B. Murali Krishna, Advocate for complainant and respondent called absent and set exparte and upon perusing the material papers on record, the Forum made the following:- O R D E R (Per Sri P.V. Nageswara Rao, President), 1. Complaint filed under section 12 of the Consumer Protection Act 1986. 2. The brief facts of the complaint is as follows:- The complainant purchased two SIM cards bearing Nos. 9246945439 & 9246945619 for Rs. 100/- each from Tata Indicom SIM. Tata Indicom company offered free talk time facility from Tata Indicom SIM to Tata Indicom SIM. The complainant deposited Rs. 500/- each for card i.e. Rs. 1,000/- vide receipt No. 75 & 76, dt. 25-4-2007 being the refundable amount. But there was no free talk time facility extended to SIM cards purchased by the complainant. The complainant returned the two SIM cards to the opposite party, who intrun offered another two SIM cards bearing No. 9246945980 & 9246945981. But the two said SIM cards were already issued in the name of A.V. Bhaskar Reddy. The complainant had received unknown calls and disturbances frequently because the two SIM cards were already given to A.V. Bhaskar Reddy. The
......................B. Durga Kumari ......................Sri P.V. Nageswara Rao ......................Sri.S.A.Khader Basha | |