Before the District CONSUMERS Forum:Kurnool
Present :Sri K.V.H.Prasad, B.A., LL.B., President
And
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B.Com., LL.B., Member
Friday the 31st day of October, 2003
C.D.No.136/2003
K.Ranga Rao,
S/o K.Narasimha Rao,
D.No.I-1279-1,
CHBS Colony,
Yemmiganur. . . . Complainant
-Vs-
Proprietor,
Ambabhavani General Stores (Hutch Agent),
Sri Devi Apartments,
Near A.s.Temple,
Weavers Colony,
Yemmiganur. … Opposite party
O R DE R
1. This consumer dispute case of the complainant is under section 12 of the C.P.Act seeking the refund of Rs.199/- compensation of Rs.500/- and costs of this case from the opposite party for the later unfair trade practice of selling the Hutch Cell Phone connectively on 26-08-2003 mis-representing alliance with Idea Company Tower and the best services of it while in actuality in not and thereby the said purchase remained useless to the complainant and hence when approached the opposite party refused to refund the said amount of purchase in-spite of his demand and the legal notice date 27-08-2003.
2. The opposite party in-spite of service of notice of this Forum as to this case did neither turn up to the case proceedings of this forum nor tendered any of its written version documents and sworn affidavit in denial of complainant’s case and on the other hand as obstrained the proceedings said exparte.
3. The complainant in substantiation of his case relied upon the documentary record marked as Ex.A1 to Ex.A3 besides to his sworn affidavit in reiteration of its case.
4. Hence the point for consideration is whether the complainant has made out the unfair trade practices of the opposite party in selling Hutch Cell Phone connectivity mis-representing of its best utility to the complainant and on account of the said mis-representation, the complainant was deprived of the purpose for which it was purchased and thereby established his entitleness to the reliefs sought?
5. The Ex.A1 Broachers with SIM Card of Hutch Cell Phone connectivity envisages the not only of its prepaid MRO of Rs.199/- but also its workability on dual based handset, and its Hutch No.9885224693 and SIM No.899113002012609524 and confirms to the allegations to is purchase by the complainant. The Ex.A2 office copy of the notice caused by the complainant to the opposite party in reiteration of its case of the unfair trade practice of the opposite party in selling for Rs.199/- on 26-08-2003. The Hutch-1 Prepaid No.9885224693 mis-representing of its advantageous utility and of its nonutility to the complainant on account of no signal receiving Tower to Hutch-I at the place of the complainant’s purchase and the refusal of the opposite party to refund the said cost and requesting for compliance of his said demand and cautioning of the legal action on otherwise holding the opposite parties liability for its cost and consequence. The Ex.A3 is the receipt of the courier not only envisages the transmission of the said notice of the complainant in Ex.A2 addressed to the opposite party but also of its acknowledgement by the opposite party.
6. The conduct of the opposite party in not replying the said notice of the complainant and not making his appearance in-spite of the service of the notice of this Forum of this case proceedings and not tendering any of its written version in denial of the complainant’s case and the cause of action alleged against him the complainant’s case is remaining established in its non rebuttal by the opposite party. Hence the complainant is remaining entitled to the remedies sought at the unfair trade practice of the opposite party in selling to him the said Hutch-I Prepaid Card which is not useful at the place of its purchase for wants of its signal receiving Tower.
7. Therefore, the compliant is allowed ordering the opposite party to pay the complainant Rs.199/- the cost of the said Hutch-I Prepaid Card paid to him by the complainant. Further as the opposite party by his lapsive and evasive conduct as not only caused mental agony and suffering to the complainant, but also driven the complainant to the Forum for redressal the opposite party is liable to pay to the complainant Rs.500/- towards the said count and Rs.500/- towards the costs of this case. The opposite party shall pay the awarded amount to the complainant in a month to the receipt of this order. In default the opposite party shall pay the awarded amount with 12% from the date of its default till its entire realization.
Dictated to the Stenographer, Typed to the Dictation corrected by us, Pronounced in the Open Court this the 31st day of October, 2003.
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant:- Nil For the opposite party:- Nil
List of exhibits marked for the complainant:-
Ex.A1 Broachers with SIM Card.
Ex.A2 Office copy of Notice dated 27-08-2003 caused to opposite party.
Ex.A3 Courier receipt No.7608159591 dated 27-08-2003 and acknowledgement of opposite party for receipt of Ex.A2.
List of exhibits marked for the opposite party:- Nil
PRESIDENT
MEMBER MEMBER
