Date of Filing:14.12.2007<br /> Date of Order:30.05.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF MAY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 2502 OF 2007<br /> <br /> <br /> Daulat Singh Lodha,<br /> 42/1, N.R. Colony, II Main,<br /> Bangalore-19.<br /> <br /> New Address:-<br /> G-2 Geetanjali Residency,<br /> 6th Cross, Ashok Nagar, <br /> Opp: Ashoknagar Post Office,<br /> Bangalore-50. Complainant<br /> <br /> <br /> V/S<br /> <br /> Reliance Communication,<br /> Janardan Towers, II & III Floor,<br /> Residence Road,<br /> Bangalore-560 025. Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that he is a retired person. He and his wife have reliance mobile connection for last four years. They are facing serious connectivity problem because of weak or nil signals from reliance communication network. It becomes more troublesome and difficult to move out in open. They are complaining through help line and e-mail and manage to register the complaint. They received SMS stating that, problem will be resolved but nothing was done. The complainant acquired new handsets to get the best out of the available signals but the problem remained unchanged. Finally the complainant sent written notice to opposite party but opposite parties has not cared to reply to the notice. Complainant contacted helpline many times but nothing was done. It is the case of the complainant that he personally went reliance communication at Gandhi Bazar. They conceded that there is signal problem in N.R Colony. The opposite parties are interested in luring new customers and have no interest in providing minimum service to those who are already hooked to them. They don’t care their existing customers. Complainants are victims of their arrogance deficiency. After ignoring the persistent complaints and notice of 13th August-2007 reliance communications has no right to charge for their connections No.9341959139 and 9341273458. Therefore, the complainant requested the refund of the payments made on account of these two connections. Reliance is responsible for deficiency in service. Therefore, the complainant requested to order Rs.4,000/- per month as compensation for the trouble, harassment and mental tension. <br /> 2. Notice was issued to opposite party. Notice was received by hand to be served on the opposite party. The complainant filed copy of notice along with courier receipt and notice has been served through courier service. In spite of service of notice the opposite party has not appeared and contested the matter. Defence version not filed by opposite party. <br /> 3. Affidavit evidence of complainant filed. Arguments heard. <br /> <br /> REASONS<br /> <br /> <br /> 4. I have perused the documents, affidavit and complaint. The complainant has produced a e-mail of the opposite party. This letter goes to show that, complainant is logged and opposite party stated that they are working on the same and will respond to complainant in next four working days. He has also produced another letter at annexure-B stating that he had complained about network problem and he was facing weak or nil signal problem. The case made out by the complainant alleging deficiency in service on the part of the opposite party has gone unchallenged. The opposite party has not appeared and contested the matter. There are no reasons to disbelieve the case made out by the complainant. As per the case of the complainant they have taken reliance mobile connections and he and his wife facing serious connectivity problem because of weak or nil signals from the reliance communication network. He has informed the matter to the opposite party several times. He had also sent letters and requested to set right the things but the matter not improved. Therefore, the complainant requested for refund of the payments made on account of the two mobile connections and requested for grant of compensation for mental tension, agony and harassment etc.,. The complainant has submitted statement of account from December-2006 to April-2008. The amount paid by him works out Rs.14,180/-. The complainant submitted that the opposite party may be directed to refund the amount but we are of the opinion that complaint has been filed by the complainant before this Forum on 14/12/2007. Therefore, the refund of the payments from December-2006 cannot be ordered. If there was connectivity problem due to weak or nil signals the complainant could not have paid the bills since he had registered his complaint with the opposite party. Since payments have been made without protest and the payments made towards the bill of mobile connections, cannot be refunded. There is no provision to order for refund of the bill amount. However, the complainant can be suitably compensated for mental tension, agony and harassment suffered by him and his wife in respect of the reliance mobile connections. The opposite party should have seen that there should be proper connectivity to the mobile connections. The complainant faced problem due to disturbed signal problem. The opposite party could have set right the matter after receiving the complaints from the customers. The opposite party being a big business house should see that no problems are created. It should give best service to the customers. The opposite party without providing better and proper service received the bill amount from the customers. Consumer Protection Act is enacted to safeguard the better interest of the consumers. This is a case wherein the opposite party has failed to provide better service to the customers. The complainant shall be appreciated for coming to the Forum for getting the justice. This would be an example. The opposite party should see that, it shall not give any harassment or trouble to the customers. Giving better service to the customers should be sole object of opposite party but in this case the opposite party has failed in its duty in providing better and proper service to the customers. Therefore, for the harassment, mental tension and trouble caused to the complainant. So, in view of these reasons I am of the opinion that, awarding of Rs.10,000/- will meet the ends of justice in this case. In the result, I proceed to pass the following:-<br /> <br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite party is directed to pay compensation of Rs.10,000/- to the complainant within 30 days from the date of this order. If the opposite party fails to comply the order within 30 days in that case the compensation amount carries interest at 10% p.a from the date of this order till realization.<br /> <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 7. Pronounced in the Open Forum on this 30TH DAY OF MAY 2008.<br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />