Haryana

Kurukshetra

262/2018

Sandeep Kumar - Complainant(s)

Versus

Relaince Comm - Opp.Party(s)

Shekhar Thakur

21 Jun 2019

ORDER

 

BEFORE THE  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

Complaint Case No.262 of 2018.

Date of instt.:03.12.2018.

                                                        Date of Decision: 21.06.2019.

 

Sandeep Kumar Saini S/o Sh. Gurnam Saini, R/o H. No. 2198, Sector-7, Phase II Housing Board Colony, Kurukshetra.

 

                                                                ……….Complainant.                               Versus

 

1. Reliance Communication Pvt. Ltd. Registered Office: Dhirubhai Ambani Knowledge City, H Block Thane Belapur Road, Koparkhairane Navi Mumbai Maharashtra, through its Managing Director.
2. The C.E.O. Reliance Communication Pvt. Ltd. DAKC, Koparkhairane, Navi Mumbai, Maharashtra.

 

……Opposite parties.

 

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986. 

                                                                                               

Before           Smt. Neelam Kashyap, President.

                    Ms. Neelam, Member.

                    Sh. Sunil Mohan Trikha, Member.

 

Present :        Sh. Shekhar Thakur, Advocate for complainant.

                    Opposite parties already exparte.

                                     

ORDER

 

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Sandeep Kumar against Reliance Communication Pvt. Ltd. and another, the opposite parties.

2.            Brief facts of the present complaint are that on 13.7.2018, the complainant saw an advertisement on ops’ company website regarding scheme of getting HEVC Set top box with plethora of pay channel absolutely free for one year including HD channels and after satisfying with the ops’ promise given in the advertisement, the complainant pre booked a connection of Reliance Big TV. Accordingly, the complainant paid Rs.499/- through online payment and a booking ID no.A12982772 was generated via receipt alongwith the confirmation message on his registered mobile no. 8950082822. That as per promise given at the time of booking, the ops’ company assured complainant that the installation of reliance big TV connection would be done within 30 to 45 days and accordingly the complainant waited for 45 days period. It is further averred that to dismay of complainant, more than 45 days have been elapsed since from the date of booking but the ops’ company failed to install the reliance Big TV connection at his house and afterwards the complainant called the ops’ customer care officers at number 1800-200-9001 and he assured complainant that he would get installation of connection within a month. That the complainant even waited for a whole month again and then he again called customer care officer but this time he refused to recognize the booking ID of the complainant and refused to do any help in this regard. That the complainant felt very much harassed after the response from the customer care officer and follow up services after pre booking by ops’ company to him. That the complainant got issued a legal notice dated 21.10.2018 calling upon op no.2 to take necessary steps upon grievance of complainant but this time also the op no.2 neither replied the legal notice nor took any step to resolve the grievance of complainant. Hence, this complaint.

3.             Upon notice, opposite parties failed to appear and were proceeded against exparte.

4.             Learned counsel for complainant has tendered affidavit Ex.CW1/A and documents Ex.C1 to Ex.C5.

5.             We have heard learned counsel for complainant and have perused the case file carefully.

6.             The complainant in order to prove his case has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments made in the complaint. The complainant has also placed on file pre booking card Ex.C1 and the document of ops Ex.C2 showing successful transaction. The copy of e-mail of ops dated 13.7.2018 Ex.C3 reveals that ops gave congratulations to the complainant for booking RBIG TV connection. The complainant has also placed on file copy of legal notice Ex.C4 and advertisement of ops Ex.C5. The pleadings as well as evidence led by complainant goes as unchallenged and unrebutted as the ops have failed to appear before the Forum to contest the complaint and opted to be proceeded against exparte. Non installation of reliance Big TV connection at the house of complainant by ops despite booking and receiving payment from the complainant clearly amounts to deficiency in service and unfair trade practice on the part of ops and the complainant is entitled to the refund of the amount.

7.             In view of the above, we allow the present complaint and direct the opposite parties to refund Rs.499/- to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum from the date of order till actual payment. We further direct the ops to pay a sum of Rs.2000/- as compensation for harassment and litigation expenses to the complainant. We also direct the ops to plant two trees in the premises of this Consumer Forum. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.  

Announced in open Forum:

Dt.:21.6.2019.     

                                                                (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.