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. 150/2006 Filed on 24.05.2006

Dated : 15.12.2008

Complainant:

C. Chacko, PCWA A/6, Pandit Colony, Kawdiar, Thiruvananthapuram-3.

Opposite parties:

1. Reliance Infocomm Services, EO1, Reliance Greens, Village Motikhavdi, P.O Digvijayam, Dist: Jamnagar – 361 140(Gujarat).

    

2. Reliance Infocomm Services, Reliance Web World, Opp: All India Radio, Vazhuthacaud, Thycaud P.O, Thiruvananthapuram.

    

3. Manager, National Insurance Co. Ltd, Extension Counter, E Block, Ground Floor, Dhirubai Ambani Knowledge City, Thane, Belapur Road, Koparkhairane, Navi Mumbai – 400 709.

(By adv. Padmini.N)

This O.P having been heard on 29.11.2008, the Forum on 15.12.2008 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

The facts of the case are as follows: The complainant C. Chacko took a mobile phone connection from the opposite parties 1 and 2 on 29.05.2003 by paying Rs. 3350/-. He got the set SCH-N191LSREL. In the carton M.R.P printed as Rs. 10,500/- and in the delivery note they specified the set is free. The complainant was paying monthly Rs. 600/-, Rs. 400/- for monthly charges and another Rs. 200/- for other charges inclusive for insurance for the set. In the month of May 2005 the set become damaged and as per the direction from the opposite party he went to the authorized service centre and they gave the estimate of Rs. 5,616/- and it comes under total insurance coverage. As per the guidance from the Web World, the complainant sent request for the insurance to the insurance company, the National Insurance Company. In the meantime, the complainant surrendered the set to the agent of the opposite party. The complainant states that he paid all the dues with arrears on 07.07.2005. Thereafter the employees of the opposite parties 1 and 2 came to the house of the complainant and harassed the complainant to pay money to the Reliance Infocomm Services to avoid suit. Hence the complainant approached before this forum for getting the insurance coverage for the hand set, compensation etc.

3^rd opposite party is set exparte. Opposite parties 1 and 2 filed preliminary objection against the

complaint.

Points to be ascertained:

1. Whether the complainant is a consumer under Sec. 2(d) of the Act?

2. Whether there is deficiency in service or unfair trade practice from the side of opposite parties?

3. Reliefs and costs.

In this case the complainant has filed affidavit and produced 9 documents and the documents are marked as Ext. P1 and Ext. P9.

Point (i):- In this case the complainant himself admitted that the set is free. The complainant stated that the set has insurance coverage with 3^rd opposite party. But he has not produced any document to show

that the mobile phone has insurance coverage. He also stated that along with monthly charges he was paying insurance charge also. We have carefully examined the monthly bills produced by the complainant as Ext. P8 and P9, nowhere in the bills it is mentioned about the insurance charges. The complainant cannot prove his case through these documents or by his pleadings. The complaint itself is vague. Even though the opposite parties are ex-parte, the complainant has failed to prove his case. He cannot establish that there is deficiency in service or unfair trade practice on the side of opposite parties. And also as per Sec. 2 (d) of the Act, the complainant is not a consumer. In this case, the complainant got the hand set with free of cost. Then how can he claim the printed price of the mobile set when he surrendered it before the opposite party. Hence there is no need to consider other points.

The complainant in this case is not entitled to get any reliefs sought for. There is no cause of action for filing this complaint. Hence the complaint is dismissed.

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 day of 15^th December 2008.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

C.C. No. 150/2006

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - C. Chacko

II COMPLAINANT'S DOCUMENTS :

P1 - Photocopy of receipt cum acknowledgement with No.

1120752382.

P2 - Photocopy of customer application form dated 29.05.2003.

P3 - Photocopy of sealed packet showing the details of the

material.

P4 - Photocopy of delivery chalan dated 12.05.2003.

P5 - Photocopy of estimate for repairing dated 28.05.2005.

P6 - Photocopy of letter dated 04.06.2005 issued by the

complainant.

P7 - Photocopy of acknowledgement card dated 01.07.2005 and

acknowledgement receipt of replaced handset.

P8 - Photocopy of receipt OTC code 3903.

P9 - Photocopy of bill No. 240770665971 dated 28.05.2005.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT