DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 29^th day of January, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.04/2007

Saju.V.V,

S/o.V.T.Varkey,

Vattacanal House,

Irumbakachola,

Kanhirapuzha (Via),

Palakkad. - Complainant

Vs

1. Prajeesh,

Office in charge,

E.V.S. Enterprises,

District Distributor – Tata Tele Services,

Court Road, Palakkad.

(By Adv.P.Anil)

2. Eappan,

Executive, Tata Tele Services,

Court Road, Palakkad.

(By Adv.Vinod.K.Kayanat)

3. Sudheer,

Area Manager, C/o.E.V.S. Enterprises,

Court Road, Palakkad - Opposite parties

(By Adv.Vinod.K.Kayanat)

O R D E R

By Smt.Bhanumathi.A.K, Member

The complainant and wife were the subscribers of BSNL mobile phone. After that they took two Tata mobile phone as it was more profitable than BSNL. Also they noticed an advertisement that in life time plan there are 1799 minute Tata to Tata free talk time. So they decided to change one number into life time plan.

2. On 21/8/06 the complainant approached E.V.S. Enterprises, Palakkad and

discussed about this matter with the office in charge of the above institution. The complainant informed them that if this facility is not available in life time validity card he is

ready to take a new connection because 1799 minute free talk time is more important to him. The office in charge of E.V.S. Enterprises, Palakkad discussed with Eappen, Executive Officer, Tata Company, Palakkad. He informed him that all connections after 1/6/06 will be getting this facility of 1799 minute free talk time, when it is changed into life time plan. So the complainant bought a recharge coupon voucher of Rs.999/-. When he activated the secret number he understood that 1799 minute free talk time is not available to him. Later he complained before Consumer Grievance Cell of opposite party the copy of which was sent to all opposite parties. None of them cared to reply. According to the complainant the act of the opposite parties amount a clear deficiency in service on their part. Hence he filed this complaint before this forum seeking an order directing the opposite parties to pay an amount of Rs.10,000/- as compensation for mental agony and to provide 1799 minute Tata to Tata free talk time.

3. Complaint was admitted. Version was filed by all opposite parties. According to them the complainant had taken the service after accepting the terms and conditions of the opposite party. According to opposite parties, free talk time fo 1799 minutes of Tata to Tata calling is only available for customer opting for anew life time connection and not for customers who recharge with a life time validity card. There is no deficiency in service from the side of opposite parties and complaint is liable to be dismissed.

4. Exts.A1 (Brochure) and A2 are marked from the side of complainant and Ext.B1 (photo copy) of recharge coupon voucher is marked from the side of the 2^nd opposite party.

5. The issues for consideration are;

1. Whether there is any deficiency in service on the part of opposite parties?

2. If so, what is the relief and cost?

6. Issue No.1 & 2: The main contention of the opposite parties is that the complainant had taken the service after accepting the terms and conditions of the opposite parties. The 2^nd opposite party produced the photostat copy of recharge coupon voucher (Ext.B1) worth Rs.999/- of Tata Indicom. It is mentioned in this card that 'validity card with zero talk time'.

7. According to the complainant that 1799 minute Tata to Tata free talk time is more important to him. If it is not available in the recharge coupon voucher he was ready to take

a new connection. Before taking this validity card he made discussion with concerned

officers. According to them all connections after 1/6/06 will get this facility. Only under that belief he took life time validity card. The cost of recharge coupon voucher and SIM being the same (Rs.999), any prudent man will select SIM only as it contain more offers. Complainant purchased recharge coupon voucher upon the strong assurance of the opposite parties that 1799 free talk time will be available.

8. We are of the view that there is no reason to disbelieve the statement of the complainant.

9. In the result, complaint is allowed. The opposite parties are directed to pay an amount of Rs.3,000/- (Rupees Three thousand only) as compensation for mental agony and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings within one month from the date of communication of the order failing which the whole amount shall carry 9% interest from the date of order till realisation.

10. Pronounced in the open court on this the 29^th day of January, 2009

Sd/-

Seena.H

President

Sd/-

Preetha.G.Nair

Member

Sd/-

Bhanumathi.A.K

Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 – Brochure

Ext.A2 – Copy of letter dt.18/9/06 sent by complainant to opposite parties,

acknowledgement etc.

Exhibits marked on the side of opposite parties

Ext.B1 – Copy of recharge coupon voucher

Costs (allowed)

Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainant