Andhra Pradesh

Cuddapah

CC/09/71

Palla Srihari Babu - Complainant(s)

Versus

M/s Dhandapani Teleservices - Opp.Party(s)

Sri GMB Murali Krishna

03 Jul 2009

ORDER


District Consumer Forum
Collect orate Compound, Kadapa
consumer case(CC) No. CC/09/71

Palla Srihari Babu
...........Appellant(s)

Vs.

M/s Dhandapani Teleservices
...........Respondent(s)


BEFORE:
1. B. Durga Kumari 2. Sri P.V. Nageswara Rao 3. Sri.S.A.Khader Basha

Complainant(s)/Appellant(s):
1. Palla Srihari Babu

OppositeParty/Respondent(s):
1. M/s Dhandapani Teleservices

OppositeParty/Respondent(s):
1. Sri GMB Murali Krishna

OppositeParty/Respondent(s):




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1

C.C. No. 71 of 2009rd July 2009

2

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 2009

3

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 2009

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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