<br /> COMPLAINT FILED: 30.04.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 18th JUNE 2009<br /> <br /> <br /> PRESENT :- SRI. S.S.NAGARALE PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.986/2009<br /> <br /> <br /> COMPLAINANT Sri.Shaik Shaffiulla,# 535, 5th Main Road,Attur Layout, Yelahanka,Bangalore – 560 064.V/s.<br /> OPPOSITE PARTY Sri.Rajendra / Sri.VishawanathVision Tele Tech,# 34/2, Sri.Hariram Complex,K.G.Road,Bangalore – 560 009.<br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to refund Rs.5,000/- along with compensation on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant being authorized agent of EPCO billing launched by the OP and paid Rs.7,500/- to the OP. The receipt issued by the OP is produced. Whenever complainant makes transaction the bill amount + 1.5% commission will be debited to his account by the OP which is a part of income. Complainant received the statement for the following transactions though he has not at all utilized the amount nor he has made any transaction. The following amount is debited to his account on 25.02.2009 Rs.50-00, on 05.03.2009 Rs.50-00, on 17.03.2009 Rs.50-00 and again on 17.03.2009 Rs.50-00, on 18.03.2009 Rs.100-00 and on 31.03.2009 Rs.100-00 totally Rs.400-00 collected by the OP using the complainant’s password number without his consent or knowledge. Statement copy to that effect is produced. Complainant gave a letter to the OP on 26.03.2009 seeking for clarification. In spite of that again on 31.03.2009 at 10.34 A.M complainant account has been debited with Rs.100/-. After 16.03.2009 complainant has not made any transaction. If complainant recharged currency for Rs.200/- he will get only Rs.176/- talk time. Whereas in Airtel for Rs.200/- currency Rs.200/- talk time will be given. The programme was installed on 10.02.2009 but till today complainant has not received display / sign boards. Complainant spent huge amount for computer, printer, Internet and EPCO programme. Complainant paying every month electricity and Internet bills without earning. The OP’s are known to the complainant since 10 – 12 years hence he trusted them and he did not inform much about EPCO programme. Whenever OP insisted for money complainant borrowed from his friends and paid thinking that once business is improved he can repay his loan. On 26.03.2009 complainant gave letter to OP, OP assured that problem will be solved within one or two days. Even after 8 days problem remained the same. On 31.03.2009 at 7.20 PM when complainant called OP to inform about the further debit to his account, OP’s evaded to receive the call though they were very much present in the office. Complainant called 5 – 6 times, every time he received same reply from their co-workers that they are busy in some other work. There was no proper response from the OP. Thus complainant felt deficiency in service on the part of the OP. For no fault of his, he is made to suffer both mental agony and financial loss. Under the circumstances he is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 2. On admission and registration of the complaint, notice is sent to the OP. Though OP was duly served with the notice remained absent without any sufficient reason or cause. The absence of the OP does not appear to be as bona fide and reasonable. Hence OP is placed Ex-parte.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP didn’t participate in the proceedings. Then the arguments were heard.<br /> <br /> 4. It is the case of the complainant that he being an authorized agent for OP with EPCO software and also paid Rs.7,500/- to OP. Receipts issued by the OP are produced. Whenever complainant makes the transaction the bill amount + 1.5% commission will be debited to his account by the OP which is a part of his income. When complainant received the statement he noticed that though he has not utilized the amount nor he has not made any transaction Rs.500/- is debited to his account on different dates. That amount is collected by the OP using the complainant’s password number without his consent or knowledge. Copy of the statement is produced. <br /> <br /> 5. Complainant has spent huge amount for computer, printer, Internet and EPCO programme and paying every month bills and complainant further states that he has raised hand loan and paying interest every month. When complainant gave a letter to OP he assured that problem will be solved within one or two days but till today problem remains same. Document to that effect are produced. The evidence of the complainant finds full corroboration with the contents of the undisputed documents. There is nothing to discard his sworn testimony.<br /> <br /> 6. The non appearance of the OP even after due service of the notice leads us to draw an inference that OP admits all the allegations made by the complainant in toto. OP having retained the amount nor given proper credit to the account of the complainant. This type of unauthorized debit of the account amounts to deficiency in service on the part of the OP. Complainant for no fault of his is made to suffer both mental agony and financial loss. Hence for these reasons we find it is a fit case to direct the OP’s to refund Rs.5,000/- as prayed. Accordingly we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP’s are directed to refund Rs.5,000/- and pay Rs.1,000/- towards litigation cost to the complainant within four weeks from the date of communication of this order. Failing which complainant is entitled to claim interest at the rate of 9% p.a from 09.01.2009 till realization.<br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 18th day of June 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> Vln* <br /> <br /> <br /> <br />