Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order :  29.02.2016

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to restore the facilities of incoming and outgoing calls with balance amount of Rs. 880/- ( Rs. Eight Hundred Eighty only ).
2. To pay Rs. 1,00,000/- ( Rs. One Lack only ) as compensation.
3. To pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs.

2. Brief facts of the case which led to the filing of complaint are as follows:-

The complainant has asserted that pursuant to assurance of the authorized agent of opposite party no. 1 about the high quality of service of opposite party no. 2, the complainant gave consent for changing the reliance prepaid connection to post paid connection. Thereafter, representative of opposite party no. 1 visited the house of the complainant and took all the relevant documents which are necessary for giving post paid connection. Thereafter the complainant was given post paid connection.

It has been further asserted that immediately outgoing calls and incoming calls from the mobile was stopped by opposite parties and a bill was served to the complainant on 08.01.2013 for Rs. 82.96/- which has been annexed as annexure – 1. It has been further asserted that the aforesaid bill has been paid vide annexure – 2 but despite that the service of aforesaid post paid mobile has not been restored and the opposite parties have failed to perform their private duty by not providing adequate facilities to the complainant.

It has been further asserted by the complainant that these facilities were stopped by opposite parties when actually Rs. 880/- credit was still in his account.

From perusal of the record it appears that when the registered notice did not returned unserved then vide order dated 14.11.2014 the valid service of notice on the opposite parties were declared and opposite parties were directed to file written statement. Thereafter several dates have been allowed and when opposite parties did not turned up then this case was heard exparte.

It is needless to say that there is no counter version of the fact asserted by the complainant as the opposite parties have not appeared despite service of notice, hence we are compelled to accept the fact asserted by the complainant in this complaint petition which has been stated on affidavit.

It is needless to say that the fact asserted by the complainant disclose deficiency on the part of opposite parties.

Hence we direct the opposite parties to restore the facility of incoming and outgoing calls with balance amount of Rs. 880/- within the period of two months from the date of receipt of this order or certified copy of this failing which the opposite parties will have to pay an interest @ 12% on the aforementioned amount of Rs. 880/-.

Opposite parties are further directed to pay Rs. 15,000/- ( Rs. Fifteen Thousand only ) to the complainant by way of compensation and litigation costs with the period of two months.

Thus this complaint stands allowed to the extent indicated above.

                                        Member                                                                   President