BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C No. 284/2008 Filed on 22.11.2008

Dated : 15.07.2009

Complainant:

Ajith. A, S/o Azhakesan, 'Nakshatra', Mythri Nagar, Vazhuthoor, Neyyattinkara P.O, Thiruvananthapuram – 695 121.

Opposite party:

M/s Reliance Communications Ltd., A&P Arcade, S.A Road, Kadavanthra, Cochin- 682 016.

This O.P having been heard on 15.06.2009, the Forum on 15.07.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Brief facts of the case are as follows: The complainant has availed of a Reliance Hello (Reliance Fixed Wireless Phone) vide No. 0471 3253368 with effect from 09.03.2005 after paying the required deposit of Rs. 1,000/-. Consequent on the higher monthly rental charge and call charges, he requested for the termination of the same through the Reliance Customer Care on 24.03.2008 vide request No. 65859842. The telephone instrument was returned on 27.03.2008 at Reliance Communications outlet, Akshaya Complex, Neyyattinkara. The refund of security deposit consequent on the termination of the connection was not settled within the stipulated time of 60 days as per the terms and conditions of the opposite party. Even after the written complaint made on 13.09.2008 no reply has been sent till this date. Moreover the opposite party has not issued the invoice for the period from 18.03.2008 to 27.03.2008 though the payment was cleared. Hence the complainant approached before this Forum for the refund of the deposit amount with interest, compensation and costs.

The opposite party M/s Reliance Communications Ltd. accepted notice from this Forum, but they never turned up to contest the case. Hence the opposite party remains exparte.

Points that would arise for consideration are:-

1. Whether there is deficiency in service and unfair trade practice from the side of opposite party?

2. Whether the complainant is entitled to get the reliefs and costs?

    

In this case the complainant has filed proof affidavit and he has produced 7 documents to prove his claim. The affidavit filed by the complainant stands unchallenged. The documents were marked as Exts. P1 to P7. Ext. P1 is the copy of invoice for the security deposit details. From this document we can see that an amount of Rs. 1,000/- is adjusted towards deposit from the total payment of Rs. 3,350/-. Ext. P2 is the copy of bill dated 21.03.2005. Ext. P3 is the copy of receipt of service termination request dated 27.03.2008. Ext. P4 is the copy of cash receipt clearing all dues upto and including the date of termination of phone connection for an amount of Rs. 280/- dated 27.03.2008. Ext. P5 is the copy of invoice for the period from 18.02.2008 to 17.03.2008. Ext. P5 is the evidence that the complainant is entitled to get the security deposit amount. Accordingly on customer request termination will be made within 60 days of closure of telephone connection beyond which customer will be entitled to receive interest at the rate of 10% per annum. This condition is clearly stated in Ext. P5 document. Ext. P6 is the copy of bill dated 18.03.2008 for the payment of Rs. 176/-. Ext. P7 is the copy of letter sent by the complainant to the opposite party demanding refund of the security deposit.

From the documents and evidences adduced by the complainant, the complainant has established his case successfully. From these documents we are of the view that the complainant is entitled to get the deposit amount of Rs. 1,000/- with 10% annual interest from the opposite party from the date of deposit. As per Ext. P5 the opposite party is liable to refund the security deposit amount on request for termination since it will be made within sixty days of closure of telephone connection beyond which customer will be entitled to receive interest at the rate of 10% per annum. In this case the opposite party itself violated the terms and conditions. The complainant made termination request on 27.03.2008, but the opposite party till this date not turned up to refund the security deposit amount. Complainant sent notice to the opposite party to refund the amount on 13.09.2008. But the opposite party did not refund the amount. The opposite party accepted notice from this Forum, but even then not turned up to settle the matter. This act of the opposite party amounts to unfair trade practice and deficiency in service. Hence they are liable to pay compensation to the complainant. Hence this complaint is allowed.

In the result, the opposite party is directed to pay Rs. 1,000/- with 10% annual interest from 27.03.2008. The opposite party shall pay Rs. 1,000/- as compensation and Rs. 1,500/- as costs. Time for compliance one month from the date of receipt of the order and thereafter 12% annual interest shall be paid to the above said amounts till the date of realisation.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of July 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

C.C. No. 284/2008

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - Ajith. A

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of invoice for the security deposit details.

P2 - Copy of bill dated 21.03.2005.

P3 - Copy of receipt of service termination request dated 27.03.2008.

P4 - Copy of cash receipt dated 27.03.2008 for Rs. 280/-.

P5 - Copy of bill dated 18.03.2008.

P6 - Copy of bill dated 18.03.2008 for Rs. 176.86

P7 - Copy of letter dated 13.09.2008.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT