DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> Dated this the 15th day of November, 2007<br /> Present: Prof.O.Unnikrishnan, President I/C<br /> Mrs.K.P.Suma, Member<br /> <br /> C.C.No.83/2007<br /> <br /> Sankar Ganesh,<br /> S/o.T.M.Shanmughan,<br /> Thottampullikalam,<br /> Thenari Post,<br /> Elapully, Palakkad. - Complainant <br /> <br /> Vs<br /> <br /> Santhosh,<br /> Pass Enterprises,<br /> Panchayat Complex,<br /> Opposite Union Bank,<br /> Chanthapura, Kuzhalmannam Post,<br /> Palakkad - Opposite party <br /> <br /> O R D E R<br /> <br /> By Mrs.K.P.Suma, Member<br /> <br /> The complainant's case in brief is as follows:<br /> <br /> The complainant alleges that the opposite party have approached him during the first week of August, 2006 and requested him to avail an “idea” box phone connection promising him that the idea phone is having full coverage at Tenari in Elappully Panchayat. According to the complainant, opposite party have promised him that there is no scope for any failure of idea phone connection at Tenari and in believing his words he has taken the above mentioned connection from the opposite party at the instrument has been installed at the complainant's business premises at Tenari. The telephone number allotted to the said connection is 9847869220 and the opposite party simultaneously collected an amount of Rs.5,800/- towards the price of the instrument, security deposit, cost of recharge coupon and service charges. The <br /> <br /> complainant alleges he has not so far received any receipt for the payment of the said amount. According to the complainant the above said telephone is not working properly and “idea” phone has no proper coverage in the premises in which it has been installed as promised by opposite party. Moreover, the opposite party failed to recharge the coin box phone installed as and when required by the complainant. it is further submitted that the opposite party evaded the recharging of the phone connection even after repeated demanded. Feeling aggrieved the complainant issued a lawyer notice on 28-12-06 to the opposite party but returned “unclaimed”. It is also averred in the complaint that the opposite party has not rendered proper service to the complainant and therefore he is liable to refund the amount along with interest. The complainant further submits that opposite party has committed deficiency in service as well as “unfair trade practice. Hence he has filed this complaint before this forum seeking an order directing the opposite party to refund an amount of Rs.5,800/- along with interest @ 15% p.a and to pay an amount of Rs.2,500/- as compensation towards mental agony and financial loss suffered by the complainant.<br /> <br /> The complaint was admitted and notice was issued to opposite party for appearance. Opposite party failed to appear before the forum inspite of accepting the notice. Hence he was called and set ex-parte. <br /> <br /> Complainant filed proof affidavit along with documents. Exts.A1 to A3 were marked. <br /> <br /> Matter was heard.<br /> <br /> It is noticed from Ext.A1 that the complainant had filed an amount of Rs.2,236/- towards the price of coin box. As per the affidavit filed by the complainant opposite party had received a sum of Rs.5,800/- towards the price and allied expenses in connection with the installation of the idea phone coin box at his premises. There is no reason to disbelieve the contention raised in the complainant's affidavit that <br /> <br /> opposite party had not rendered just and proper service to the complainant. we are of the view that the above act of opposite party amounts to deficiency of service on his part. In the result the complaint is allowed.<br /> <br /> We direct the opposite party to refund an amount of Rs.5,800/- along with interest @ 9% p.a from 10/08/06 onwards and to pay a sum of Rs.1,000/- as compensation for the mental agony and financial loss suffered by the complainant within a period of one month from the date of communication of this order failing which the complainant is entitled to get 9% interest for the whole amount from the date of order till realisation.<br /> <br /> Pronounced in the open court on this the 15th day of November, 2007<br /> <br /> President I/C (Sd)<br /> <br /> Member (Sd)<br /> Appendix<br /> <br /> Exhibits marked on the side of complainant <br /> <br /> Ext.A1 – Cash bill dtd.11.08.06<br /> Ext.A2 – Copy of lawyer notice and postal receipt<br /> Ext.A3 – Unclaimed notice <br /> <br /> Exhibits marked on the side of opposite party <br /> <br /> Nil<br /> <br /> Costs (not allowed)<br /> <br /> Forwarded/By Order, <br /> Sd/-<br /> Senior Superintendent