BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 178 of 2016
Date of Institution: 22.4.2016
Date of Decision: 21.6.2016
Mr.Amit age 29 years son of Sita Ram R/o H.No. F-24/318, Street No. 2, New Jawahar Nagar, Batala Road, Amritsar Mobile No.98880-42410
Complainant
Versus
- Reliance Company dealing with Internet Services, having its office at Chandigarh (Reliance Communication Ltd., Ist Floor, Tower F.DLF Building, Plot No. 2, Rajiv Gandhi Technology Park, Chandigarh-160101) through its Director/Managing Director/Authorized Signatory/Any other Principal Officer thereof.
- Perfect Services, Shop No. 3, SSSS Complex, Batala Road, Amritsar through its Proprietor/Partner/Authorized Signatory/Any other Principal Officer thereof
Opposite Parties
Complaint under section 12 & 13 of Consumer Protection Act, 1986
Present: For the Complainant : In person
For the Opposite Parties : Ex-parte
Coram
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Sh.Anoop Sharma,Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Mr.Amit complainant has brought the instant complaint under section 12 &13 of the Consumer Protection Act, 1986 on the allegations that complainant is permanent resident of H.No.F-24/318, Street No.2, New Jawahar Nagar, Batala Road, Amritsar and is peace loving and law abiding citizen of India. The complainant purchased Advance Rental Unlimited Plan for 12 months having 3G Data Plan from opposite party No.2 vide bill No. 287 dated 17.2.2016 and paid a sum of Rs. 10,500/-. Copy of the bill/invoice is annexed herewith. Thus , the complainant is a consumer of the opposite party under the relevant definition of Consumer Protection Act. At the time of purchasing the said data plan, it was assured that unlimited quota for 12 months having 3G Data Plan shall be provided by the opposite parties to the complainant . Believing the assurance of the opposite parties, the complainant purchased the said Data Plan. However, opposite parties on its own without any plausible reason and cause, just after two months of the purchase of the said data plan, told the complainant that the data of the said plan has been over/finished, so they were unable to provide internet facility to the complainant. On the other hand complainant had purchased unlimited data plan as per the receipts got by the complainant, copy of which is attached. The complainant has time and again approached the opposite parties with the request to provide unlimited data facility for 12 months for which the complainant has paid the demanded amount. But complainant was put off every time and thus he has to run from pillar to post for getting his grievances redressed, but of no avail. Due to the said acts and omissions of the opposite parties, the complainant has suffered huge mental tension, agony, harassment and inconvenience at the hands of the opposite parties. The complainant is legally entitled to compensation of Rs. 50000/- besides the insurance claim and there is no bar to the claim of the complainant in this regard. The complainant has sought the following reliefs vide instant complaint:-
(i) To direct the opposite parties to restore data plan or to refund the amount covered under the bill of said mobile.
(ii) The opposite parties may be directed to pay Rs. 50000/- towards compensation for causing mental harassment, agony etc to the complainant.
(iii) To direct the opposite parties to pay a sum of Rs. 15000/- towards litigation expenses.
Hence, this complaint.
2. Upon notice despite due service none put in appearance on behalf of the opposite parties. As such opposite parties were ordered to be proceeded against ex-parte.
3. In ex-parte evidence complainant tendered into evidence his duly sworn affidavit Ex.C-1, copy of bill dated 17.2.2016 Ex.C-2, copy of service details Ex.C-3, one CD Ex.C-4 and closed his evidence.
4. We have heard the complainant in person and have carefully gone through the record on the file.
5. From the perusal of the record produced by the complainant as well as his duly sworn affidavit, it becomes evidence that the complainant purchased Advance Rental Unlimited Plan for 12 months having 3G Data Plan from opposite party No.2 vide bill No. 287 dated 17.2.2016 on payment of Rs. 10,500/-. Copy of the bill/invoice accounts for Ex.C-2. There is evidence on record that at the time of purchasing of the data, opposite party No.1 assured the complainant that unlimited quota for 12 months having 3G Data Plan shall be provided to the complainant and believing the assurance of the opposite parties, complainant had purchased the said data plan. However, opposite parties on their own without any plausible reason and cause, just after two months of the purchase of the data plan, intimated the complainant that the data of the said plan has been over/finished and they were unable to provide internet facility to the complainant. Copy of the data plan accounts for Ex.C-3. The evidence adduced by the complainant in support of his case has gone unrebutted on record as the opposite parties suffered ex-parte despite due service voluntarily. It means and imply that opposite parties have admitted the case of the complainant impliedly and they have no defence to offer.
6. From the appraisal of the evidence on record, it becomes evident that opposite parties are deficient in service. Since they have stopped the internet service after the expiry of 2 months of the issue of data plan Ex.C-3, which amounts unfair trade practice. In such a situation, the complainant is entitled for refund of Rs. 10,500/- paid by him as advance fee alongwith interest @ 9% p.a. from the date of passing of the order until full and final recovery. Compliance of this order be made within a period of 30 days from the date of receipt of copy of the order ; failing which, complainant shall be at liberty to invoke the jurisdiction of this Forum to get the order executed in accordance with law. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 21.6.2016
/R/ ( S.S.Panesar )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
Member Member
