Dated:21.03.2023

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This is an appeal filed by Complainant in CC/1928/2019 on the file of Bangalore Urban II Additional District Consumer Disputes Redressal Commission, Bengaluru, aggrieved by the order dated 20.01.2023.

2. The Commission examined grounds of appeal, impugned order and heard learned counsel for appellant.  Accordingly found satisfied to dispense with issuance of notice of this appeal to be served on respondents to avoid further delay.

3. The Brief facts of the case are: The Complainant raised the consumer complaint with a prayer to direct the OPs to refund the bills for the first three months amounting to Rs.1999/- which includes the late fees of Rs.100/- collected and the amount charged for the period of non-service of 21 days proportionately, to pay interest at 24% p.a. on the amount prayed above, to pay a sum of Rs.50,000/- towards compensation, Rs.50,000/- towards damages with cost. Upon service of notice OPs appeared through learned counsel and contested the matter.  OPs in its version contended that the scheme of first three months free was valid up to October 2017 and same has been discontinued on 19.10.2017.  Further stated that due to non-payment of the bills, the phone was disconnected. Thus denied all the alleged against them and sought for dismissal of the compliant. The District Commission held an enquiry by receiving affidavit evidence of the Complainant with documents Ex-P1 to P8 and evidence of Mr.Prabhakar Muthalik Deshpande with documents Ex-R1 to R5, thereby recorded reasons stating that Except allegations in the complaint and exchange of notices, the complainant has not placed any acceptable evidence to prove that theory of misrepresentation and existence of availability of three months free service on 09^th November 2017. The Commission below further appreciated Ex.R1 to R3 i.e., the Copy of Bills dated 21.11.2017, 21.12.2017 and 21.01.2018 were the bills are served to email address given by complainant i.e, “

4. Send a copy of this Order to the District Commission and parties to the appeal.

  Lady Membe                             Judicial Member                                 President

*GGH*