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. 93/2010 Filed on 22.03.2010 Dated : 31.07.2010 Complainant: Francis, S/o Thankayyan, Thiruvathira, Vlakkulam, Elluvila P.O, Kunnathukal, Neyyattinkara, Thiruvananthapuram.
(Appeared in person) Opposite party :
M/s Reliance Communications, Sky Line, DPI Junction, Vazhuthacaud, Thiruvananthapuram.
This O.P having been heard on 24.07.2010, the Forum on 31.07.2010 delivered the following : ORDER SMT. S.K. SREELA, MEMBER The grievance of the complainant is as follows: The complainant had taken the telephone connection of Reliance Communication by paying an amount of Rs. 3,500/- under the condition that life long no recharge is required for prepaid home phone and lifelong no rent is required for post paid home phone. The complainant is running a Karate school and in the annual books the said number has been published. But the opposite party disconnected the connection without any notice by which the complainant's customers were unable to contact him resulting in great loss to the complainant. Hence this complaint. The opposite party has accepted notice, but did not turn up to contest the case or file their version. Hence opposite party remains exparte. Complainant has filed affidavit and has been examined as PW1 and marked Exts. P1 to P17 series. The issues that would arise for consideration are:- Whether there is any deficiency in service on the part of the opposite party? Whether the complainant is entitled for the reliefs claimed for?
Points (i) & (ii):- The complainant has pleaded that, his telephone connection provided by the opposite party has been disconnected without any prior notice and besides this he has been forced to remit amount towards phone calls which were not actually made by the complainant. As per Ext. P1 brochure, it could be seen that the opposite party has advertised that lifelong no recharge is required for prepaid home phone and lifelong rent not required for lifelong postpaid home phone. Ext. P2 notice sent to the opposite party reveals that the complainant had brought to the notice of the opposite party regarding his grievance for which the opposite party has not cared to respond as there is nothing on record produced by the opposite party for the same. The complainant has informed the opposite party as per Ext. P2 that the outgoing calls facility has been disconnected and thereafter the incoming calls facility has also been disconnected. Ext. P3 is the customer voice form acknowledgement issued by the Reliance Communications. Furthermore the complainant has furnished the bills and receipts pertaining to the phone connection in dispute. From the above records, it is very evident that the complainant has been deceived by the opposite party and the act of the opposite party in disconnecting the said connection contrary to the advertisement as per Ext. P1 definitely amounts to unfair trade practice. PW1 has not been cross examined and hence his sworn statement stands unchallenged. In view of the above discussions and based on the uncontroverted evidence on record and on the strength of the complainant's affidavit we find that the complainant has succeeded in establishing his complaint. As per Ext. P17 series it could be found that the phone number in dispute i.e; '3203292' has been printed on every pamphlets and the Karate annual books. A consumer who is running a Karate school wherein the phone number provided by the opposite party has been published as the school's number in all the advertisement, would have definitely suffered due to the deficient act of the opposite party for which the complainant has to be compensated by the opposite party. Though the complainant has not adduced any evidence to corroborate the loss of Rs. 29,000/- and Rs. 10,000/- as pleaded in the complaint towards the loss of income and publication of magazine respectively, we find an amount of Rs. 5,000/- as reasonable compensation towards the same. In the result, the complaint is allowed. The opposite party is hereby directed to refund the deposit of Rs. 3,500/- and Rs. 5,000/- towards compensation and costs. Time for compliance one month from the date of receipt of the order failing which the entire amount shall carry interest @ 9% from the date of order. 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 31st day of July 2010.
S.K. SREELA : MEMBER
G. SIVAPRASAD : PRESIDENT
BEENAKUMARI. A : MEMBER jb
C.C. No. 93/2010 APPENDIX I COMPLAINANT'S WITNESS : PW1 - Francis II COMPLAINANT'S DOCUMENTS : P1 - Copy of advertisement P2 - Copy of registered letter addressed to opposite party. P2(a) - Postal receipt dated 09.12.2009. P2(b) - Acknowledgement card P3 - Customer voice form acknowledgement P4 - Cash receipt No. 4192 dated 23.06.2008 P5 - Cash receipt No. 1008 dated 31.12.2008.. P6 - Cash receipt No. 620 dated 22.08.2008 P7 - Receipt dated 05.03.2009 P8 - Bill No. 302230311361 dated 08.10.2008 P9 - Bill No. 302230311361 dated 08.10.2008 P10 - Bill No. 302230311361 dated 08.10.2008 P11 - Bill No. 302546670334 dated 08.02.2009 P12 - Bill No. 302546670334 dated 08.02.2009 P13 - Bill No. 302546670334 dated 08.02.2009 P14 - Bill No. 301878401222 dated 08.06.2008 P15 - Bill No. 301878401222 dated 08.06.2008 P16 - Bill No. 301878401222 dated 08.06.2008 P17 - Advertisement
III OPPOSITE PARTY'S WITNESS : NIL IV OPPOSITE PARTY'S DOCUMENTS : NIL
PRESIDENT jb
| | [ Smt. S.K.Sreela] Member[HONORABLE MR. Sri G. Sivaprasad] PRESIDENT[ Smt. Beena Kumari. A] Member | | 
