COMPLAINT FILED:26.04.2011.
DISPOSED ON:30.11.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
30th DAY OF NOVEMBER 2011
PRESENT :-
SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.807/2011
Complainant | M.G.Kumar S/o Motilal, Advocate, No.47, First Floor, Nethaji Road, Frazer Town, Bangalore-560 005. Advocate :Sri.Chaluvaraja G.V, V/s. |
OPPOSITE PARTIES | 1. M/S VIRGIN MOBILE INDIA LIMITD, Rep.by its Managing Director, C-Block, Silicon Terrace, 30/1 Hosur Main Road, Koramangala, Bangalore-560 095. 2. M/S LEO AGENCIES, No.7, Poornaiah Chatram Road, Balepet, Bangalore-560053. Place Ex-parte. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainant filed this complaint Under Section 12 of the Consumer Protection Act of 1986 to direct OP1 to allow portability of Mobile No.9241730006 and refund Rs.1,799/- with 18% interest along with damages of Rs.10,000/- on the allegations of deficiency in service and unfair trade practice on the part of the OPs.
2.In spite of service of notice, OPs failed to appear, hence placed ex-parte.
3.In order to substantiate complaint averments, the complainant filed affidavit evidence.
4. Arguments on complainant’s side heard.
5.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials it becomes clear that OP1 launched VIRGIN MOBILE in Karnataka Circle and dishonestly advertised false and misleading tariff offers to attract consumers. As per the said advertisements, OP1 offered to pay 10 paise per minute on incoming calls from other networks, to VIRGIN MOBILE subscribers. Being attracted by the said advertisements, the complainant has purchased one V.-Desire Mobile for a sum of Rs.1,799/- from the dealer OP-2, on 23.01.2009 and the mobile number assigned by the OP1 is 9241730006 with lifetime validity and with 10 paise payment for incoming calls. Later OP unilaterally has withdrawn the aforesaid incoming call benefit, without notice. It was never represented or disclosed that the offer was only temporary. The complainant tried to contact the customer care No.58686 available in the menu of the handset. But the said number does not exist. Apart from that V-bytes option on the menu has never worked and always shown network error. Further the CDMA handset sold has been programmed to prohibit usage of other telecom Sim Cards. The OP1’s recharge vouchers are not available in the city. Consequently the mobile sold by OP1 is absolutely useless and a great loss. OP1’s claim of lifetime subscription is also dishonest and fraudulent, as when mobile was sold it was never disclosed that the subscription is valid only till 12.10.2011. OP1’s network is also not accepting mobile portability request by SMS to 1900. The complainant had sent two legal notices dt.21.01.2011 and 03.02.2011 to OP1, but both the legal notices returned as un-served. The address which was given in the website and in the mobile handset box is non-existing. The Bangalore address does not exist. The complainant had sent legal notice by e-mails on 09.02.2011 and 14.02.2011. OP1 has given reply on 15.02.2011 stating that the above mentioned 10 paise per minute payment and subscription call rates offer was valid only for 180 days, from the date of activation. Further the validity of service is till 12.10.2011 only, but this fact was not disclosed to the complainant when subscribed. On the basis of these materials it becomes clear that OP1 without disclosing the real facts with regard to the service made the complainant to buy the mobile handset, the same amounts to unfair trade practice and deficiency in service. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant. The very fact of OPs remaining ex-parte leads to draw inference that OPs are admitting the claim of the complainant. Under these circumstances, we are of the view that the complainant is entitled for refund of an amount of Rs.1,799/- from OP1 along with interest at 9% p.a. from the date of purchase of the mobile till the date of realization along with litigation cost of Rs.500/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
OP1 is directed to refund an amount of Rs.1,799/- with interest at 9% p.a. from 23.01.2009 till the date of realization and pay litigation cost of Rs.500/- to the complainant.
This order is to be complied within four weeks from the date of its communication.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 30th day of November 2011.)
MEMBER MEMBER PRESIDENT
Cs.
