Date of filing:08-10-2009                                                                                           Date of order:31-12-2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC. No. 219/09

                        Dated this, the 31^st    day   of December   2009.

PRESENT

SRI.K.T.SIDHIQ                                : PRESIDENT

SMT.P.RAMADEVI                            : MEMBER

SMT.P.P.SHYMALADEVI                 : MEMBER

Beena.C,

D/o.C.Balakrishnan,

Baiju Nivas, Rama Nagar,                                                 } Complainant

Po. Ananandashram, Kanhangad.

(In Person)

Reliance Office,

Bengachery Complex,                                            } Opposite party

Kanhangad.

(Exparte)

                                                                O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            The case of complainant Beena is that she purchased an internet modem from opposite party in the name of her father Balakrishnan and she could not access to internet inspite of repeated recharges from January 2009 onwards.  Though she approached opposite party  several times to get it rectified, opposite party was unable to rectify the defect.  Thereby she lost Rs.2490/- towards the purchase price of internet modem and Rs.492/- towards the recharge price for repeatedly attempting to recharge to get the internet facility through modem at the instance of opposite party.  She is a teacher by profession in a public school.  So several times she compelled to avail leave to approach opposite party for rectifying  the defects occurred to the modem.  But it went futile.  Hence the complaint claiming compensation of  Rs.20,000/-.

2.         Notice to opposite party was issued by registered post. Though it is served, they remained absent.  Hence opposite party  is set exparte.

3.            Complainant is examined as PW1.  Ext.A1,  the bill for the purchase of modem is marked.  PW1 deposed that she purchased the modem on 10-08-2008 in the name of her father Balakrishnan and the same was working till January 2009.  From January 2009 onwards eventhough she repeatedly recharged the same at the request of opposite party for various amounts, totaling to Rs.492/-  it was not functioned.  Her repeated approaches to opposite party were also were in vain.

4.         The repeated instructions to recharge the system  for getting internet connection through a malfunctioning internet modem is nothing but an unscrupulous exploitation of consumer and it amounts to deficiency in service.  The opposite party is liable to refund the cost of internet modem along with the price spent for availing internet  facility through modem.  The opposite party is also liable to compensate the complainant for the loss hardships and mental agony caused to her.

            The complaint is therefore allowed and the opposite party is directed to take back the internet modem supplied to complainant and refund Rs.2490/- with the amount of Rs.492/- she spent for recharging the modem to avail the internet facility.  Opposite party also liable to pay Rs.5000/- by way of compensation for the loss hardships and mental agony caused to the complainant along with a cost of Rs.1500/-.  Time for compliance is 30 days from the date of receipt of order. Failing which the said  amount of Rs.7982/- will carry interest @ 12% per annum from the date of complaint till payment.  

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1. 10-8-09 receipt issued by OP to Mr. Balakrishnan.C. towards the purchase of DATA

       MODEM.

PW1.Beena.C.

MEMBER                                           MEMBER                                           PRESIDENT

Pj/

.