By Sri. M.S. Sasidharan, Member:
The complainant availed a mobile connection from the respondent on 11.3.09 vide No.9020995655. He has paid the activation charges at the time of availing the connection. It was told that the connection will be activated on the next day. Believing this the complainant printed the above number in his visiting card as contact number. But the connection has not been activated after three days and he informed the matter to the respondent. Instead of rectifying the defect the respondent insulted him. So a notice was issued on 18.4.09. But there was no remedy. Hence the complaint.
2. The respondent has stated in the version filed that the complainant availed a sim card connection. But he has not given his photographs or identity as required by the Telecom Regulatory Authority. So the connection could not be activated. The complainant was informed of this. Even though he has promised to give the same he did not give them. Even the customer application form has not been filled and signed by the complainant. Hence the connection could not be activated due to the complainant’s fault. Hence dismiss the complaint.
3. The points for consideration are:
(1) Is the complainant entitled to get the relief claimed for?
(2) Other reliefs and costs.
4. The evidence consists of Exts. P1, P2 and the oral testimony of PW1. No evidence has been adduced by the respondents.
5. Points: The complainant availed a mobile phone connection from the respondent. But the connection has not been activated as assured by the respondent. Hopping to get the connection activated the complainant had printed the number given in his visiting card as his contact number. The counter statements are that the complainant did not give his photographs or proof of identity as required by the directions issued from Telecom regulatory Authority of India. So the connection could not be activated.
6. There is no dispute that the complainant availed the connection from the respondent and the connection has not been activated. The respondent has stated that the complainant did not give his photographs or proof of identity, being the statutory requirements for activation. But the complainant has deposed in the box that he has given the copy of his I.D. card, photographs, he has also stated in the box that his address was written and gave his Election I.D. card as address proof. If these documents were required for activation the respondent should have given the sim card after obtaining these documents. Ext. P1 is the copy of the lawyer notice issued in this regard. No reply seen given to the notice. At least the respondent should have informed the advocate that activation could not be done due to the fault of the complainant.
7. The complainant has stated that he has paid the activation charges. But no evidence produced or even the amount has not been stated. He has not produced the copy of the visiting card as he promised in the box.
8. In the result the complaint is allowed and the respondent is directed to pay the complainant Rs.1000/- (Rupees one thousand only) as compensation with costs Rs.500/- (Rupees five hundred only) within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 15th day of November 2011.
