1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K. ANIRUDHAN (MEMBER) The complainant Sri. Sasikumar has filed this complaint before the Forum alleging deficiency in service on the part of the opposite party Proprietor: M/s.Delmon & Co., Puthiyakavu, Mavelikara. The contentions of the complainant is that he has obtained a Reliance STD-PCO) connection in his Phone No.0479-3203733 and obtained the related equipment after the remittance of an amount of Rs.5600/-. At the time of remittance of the said amount the condition was that they will taken back the equipment at any stage and will return the amount at the desire of the complainant. It is further contended that the complainant demanded back the amount after taking the equipment, by the opposite party. But the complainant has not obtained any positive response from the opposite party. It is further stated that after contacted with the Reliance Company, the complainant learnt, that the amount has to repay by the opposite party itself. When contacted, complainant has further learnt that the opposite party has terminated the business with the Reliance Company. and now the opposite party has connection only with Airtel Company. It is stated that the opposite party has intimated the complainant that they are ready to renew the connection through Airtel Company, Complainant has requested the opposite party that he is not interested to renew the connection through Airtel and requested to refund the amount. The opposite party has not turned up. Hence the complaint for relief. 2. Notice was issued to the opposite party. They have accepted the notice, but not entered appearance before this Forum. Considering their continuing absence, they were set ex-parte on 22.3.2008. 3. Considering the contentions of the complaint this Forum has raised the issue whether there is deficiency in service on the part of the opposite party? 4. Complainant filed proof affidavit and produced one document Ext.A1. It is the photo copy of one receipt dt. 7.8.2007 issued by the opposite party in favour of the complainant. It is for an amount of Rs.357/- relating to the said phone. The disputed amount is not shown in the above said receipt and so it cannot be say that the complainant has remitted Rs.5600/-. The complainant has not produced any evidence to show that the remittance of the amount of Rs.5600/-; and that in the absence of valuable evidence to show that the opposite party has collected Rs.5600/- from the complainant at the time of giving connection, the complainant cannot be entertained. There is no deficiency in service on the part of the opposite party. The issue is found favour of the opposite party. The contentions of the complainant is not sustainable. So, we are of the view that the complaint is to be dismissed. In the result, we hereby dismissed the complaint. No order as to costs. Complaint dismissed. Pronounced in open Forum on this the 29th day of April, 2008. Sd/- SRI. K. ANIRUDHAN : Sd/- SRI. JIMMY KORAH: Sd/- SMT. N. SHAJITHA BEEVI: APPENDIX :- Evidence of the complainant:- Ext.A1 - Photo copy of the Receipt for Rs.357/- Evidence of the opposite party:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite party/S.F. Typed by:-pr/- Compared by:-
