BEFORE THE DISTRICT CONSUMER

       DISPUTES REDRESSAL FORUM, BAGALKOT.

COMPLAINT NO.163/2014
 

Date: 07^th day of December, 2016

   P r e  s e n t: 

01) Smt.Sharada.K.                                                    President…

     B.A.LL.B. (Spl) 

02) Smt. Sumangala.C.Hadli.                         Lady   Member…

                            B.A (Music)

03) Shri.Shravanakumar.D.Kadi                               Member…

                        M.Com.LL.B.  (Spl)

                V/s

JUDGEMENT DELIVERED BY SMT. SUMANGALA.C.HADLI, MEMBER

The complainant has filed this Complaint u/s 12 of Consumer Protection Act, 1986 against the Opposite Parties (herein after referred in short as OPs) for taking excess amount for the purchase of 2 SIM Cards from the Ops, Rs.1,00,000/- towards the mental harassment and cost of this proceeding.

02.    The brief fact of the case are as follows:

The complainant had purchased 2 SIM Cards from the OP on 03.01.2013. The OP is the Authorized Dealer of BSNL SIM Card. The numbers of SIM Cards are 9448305839 and 9448646838 respectively. The complainant paid amount of RS.100/- for each SIM Card, he has paid Rs.200/- for two SI Cards on 03.01.2013. Later, the complainant came to know the actual price of each SIM Card is Rs.50/- only. He came to know this fact from the BSNL Office, Mudhol. So by this all Ops have cheated and caused loss to Complaint by receiving higher amount that the real price. Afterwards, complainant issued a legal notice on 28.01.2014 through Advocate to the OP No.1 and also to the OP No.2 and 3. Inspite of the served of the notice, Ops have not taken any steps to solve the problem faced by the complainant, then complainant has file this present Complaint for taking excess amount for the purchase of 2 SIM Cards from the Ops, Rs.1,00,000/- towards the mental harassment and cost of this proceeding.

03.    After receipt of notice, OP No.3 has appeared before this Forum, but not filed any objections, affidavit nor documents in support of their case and OP No.1 and 2 though sufficient time was given and they are not appeared before this Forum and placed Ex-parte.  

04.    The complainant tendered affidavit evidence and placed following documents which are marked as EX C1 to C9 which are as follows:                        

05.    After considering the material placed on record, the following points that would arise for our consideration are:

06.    After considering the evidence tendered by the complainant and on careful consideration of the points urged during the course of arguments, our findings for the above points are as follows:

Point No.1 – Affirmative,

Point No.2 – Partly Affirmative,

Point No.3 - As per the final order.

R E A S O N S

 07. POINT NO.1: On perusal of the pleadings, evidence coupled with the documents of respective parties on record. The complainant has proved that the OP has taken extra money over and above the exact price of the two BSNL SIM Cards purchased from OP No.1. To prove this case, the complainant has produced documents i.e. EX C7 Receipts given by the OP No.1 and he has also produced the Rate Chart given by the BSNL Office, Mudhol.

08.         Hence, Ops are liable to pay the compensation to the complainant. The complainant has claimed Rs.1,00,000/- as the compensation and mental agony and the complainant has claimed the cost of this proceeding.

09.         The complainant has proved beyond the reasonable doubt that the OP has taken extra money of Rs.100/- from the complainant. Therefore, this is none other than deficiency in service, un-trade practice rendered by the OP No.1 to 3. Hence, we answer to point No.1 in the affirmative.

  10.  POINT NO.2: Once the deficiency in service is proved, the next point is how much compensation is entitled for? That the OP No1 to 3 jointly and severally have to pay the Rs.1,000/-. As per the reasons stated on Point No.1, Rs.100/- extra money charged by the OP No.1 for two SIM cards. The complainant has entitled to get an amount of Rs.2,000/- towards compensation and Rs.2,000/- towards cost of this proceeding. Hence, we answer Point No.2 in partly affirmative.

  11.  POINT NO.3:  In view of our findings recorded to Point No.1 and 2, we proceed to pass the following:

//ORDER//

This Complaint is partly allowed.

1. The complainant is entitled to get back of Rs.100/- (Rupees one hundred) what he had paid extra amount to the OP No.1.

2. The complainant is also entitled to get compensation of Rs.2,000/- (Rupees two thousand) towards mental agony to the OP No.1.

3. The complainant is also entitled to get an amount of Rs.2,000/- (Rupees two thousand) towards the cost of proceeding to the OP No.1.

4. The OP No.1 is directed to comply this order within a period of sixty days from the date of receipt of this Order, failing which the amount carries interest at the rate of 12% p.a. from the date of Order, till payment is made.

5. Claim against OP No.2 and 3 are hereby dismissed.
6. Send a copy of this Order to both parties free of cost.  

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 07^th day of December, 2016)