District Consumer Disputes Redressal Forum, Fatehgarh Sahib. Complaint no.66 dt. 01/04/08. Decided on : 15/05/2008. Ashok Kumar S/o Tara Chand R/o Pura Mohalla, Ward no.4, Bassi Pathana C/o Tara Chand Jewelers, Saraffan Bazar Bassi Pathana, Distt. Fatehgarh Sahib. -----Complainant. Versus 1. Spice Communication Ltd., C-105, Industrial Area, Phase VII, SAS Nagar, Mohali, Distt. Mohali. 2. Sandeep Enterprises Authorized D. M. A. of Spice having Code No. PAT/D/24, Opp. Khalsa Road, Sirhind-14-406 Tehsil and District Fatehgarh Sahib through its Proprietor/ Partner. ------ Opposite parties. Present: Sh. Naveen Behl Adv. counsel for the complainant. Respondent ex-parte. ORDER: 1. Ashok Kumar has directed this complaint against Spice Communication Ltd. and another where in he has alleged that he has purchased a post paid mobile connection from Opposite party no.2 who is authoriseddealer of Opposite party no.1 and having code no. PAT/D/24 and has paid Rs.4260/- o/e/ Rs/ 3000/- as security and Rs.1260/- as activation charges vide receipt no.56 dt. 1/6/01. It is alleged that due to competition the opposite party no.1 launched a policy for its post paid consumers who has deposited the security amount to be adjusted in the monthly bills. It is alleged that as per policy of opposite party no.1 they have adjusted Rs. One thousand from its security amount of Rs.3000/- and the balance remains Rs.2000/-. It is also alleged by the Complainant that he has been requested the opposite party to adjust Rs.2000/- in his monthly bills and a legal notice was also sent to them but they have not adjusted the said amount and thus this complaint. 2. Opposite parties were summoned but none has appeared on behalf of them thus respondents are proceeded against ex-parte vide order dt. 6/5/08. 3. Sh. Naveen Behl Adv. for the complainant has tendered affidavit of the complainant Ex.C-1, copy of bill dt. 22/10/07 Ex.C-2, Copy of bill dt. 22/2/08 Ex.C-3, Photo copy of receipt dt. 1/6/01 Ex.C-4, Legal Notice dt. 21/12/07 Ex.C-5, Courier receipt dt. 24/12/07 Ex.C-6 and closed the complainant evidence. --2-- 4. We have gone through the record and heard Ld. Counsel for the complainant. 5. The main case of the complainant is that he has deposited Rs. 4260/- out of which Rs.3000/- as security amount and Rs.1260/- as activation fee as mentioned in the affidavit Ex.C-1 of Ashok Kumar. The receipt Ex.C-2 fortifies the fact that opposite party has received the amount of Rs.3000/- as security plus Rs. 1260/- as activation fee and thus total amount is Rs. 4260/- of dt. 1/6/01. The complainant has also alleged that the opposite party has adjusted Rs. 1000/- out of the security but they are not adjusting the amount of Rs. 2000/- in the monthly bills. The none adjustment of the security amount without any sufficient reason is the matter of deficiency of service as they have already adjusted Rs.1000/- out of the security amount in the monthly bills. 6. For the foregoing reasons and discussion above we accept the complaint and direct the opposite party to adjust the amount of Rs. 2000/- in the monthly bills of the complainant. We also direct the opposite party to make the payment of Rs.1000/- as compensation for harassment and mental agony and Rs.500/- as cost of the petition. 7. Copy of the order be supplied to both the parties and thereafter file be consigned to the record room. Announced: 15/05/2008. (Gurdev Singh) President Distt. Consumer Forum Fatehgarh Sahib (Sher Singh Sidhu) Member (Veena Chahal ) Member
