KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHPURAM APPEAL No.664/03 JUDGMENT DATED : 9/9/08 PRESENT:- JUSTICE SRI.K.R.UDAYA BHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER 1. Parthasaradhi & Sons Parthasaradhi Telecom Associates, Puthiyidom Temple Road, Kayamkulam – 690 502 Kalmandapam, Palakkad. : APPELLANTS 2. Regional Officer, Escotal Smart Phone Service Ravipuram, Kochi-15. (By Adv.V.K.Mohan Kumar) Vs 1. Sri.Sugunananth Nath, Organising Secretary, State Consumer Council, Alumkadavu P.O. Karunagaplly – 690 573 : RESPONDENTS 2. Sri.M.Youssuf Kunju, Yajas Manzil Bismi Enterprises Oachira – 690 526. JUDGMENT JUSTICE SRI.K.R.UDAYA BHANU : PRESIDENT The appellants are the opposite parities in OP No.16/02 in the file of CDRF, Alappuzha. The appellants are under orders to pay a sum of Rs.4,905/- as the value of the mobile handset etc and also the cost of Rs.400/-. It is the case of the complainant that he purchased a mobile handset on 30/6/2001 for Rs.2,645 and he paid Rs.1,260/- as the activation charges and Rs.1,000/- as security deposit and Rs.95/- as the plan enrolment fee. The complainant was conducting a business in Oachira which is only 3 ½ kms from Kayamkulam from where he purchased the handset from the 1st opposite party. According to him there was no coverage at Oachira area. He intimated the matter through the 1st opposite party a number of times and also issued a letter to the officers mentioning the same. The manager of the opposite parties come to Oachira and examined the handset; but returned without making any specific comments. As per the letter received on 4/7/01 it is mentioned that the coverage in the Oachira area. Although the handset could not be used he was getting the bills continuously. He has also remitted a bill amount. Hence he has sought for price of the handset and amounts paid by him as well as a compensation of Rs.500/-. The opposite parties have filed a joint version contending that the complainant has used the handset and he has used the airtime of approximate 20 minutes as per his bill.. The Manageer has checked the coverage and found the area comes under the escotal coverage. The evidence adduced consisted of the testimony of PW1 the complainant, Ext.P1 to P7 and B1 to B3. We find that Ext.P7 and B3 the argument notes. The Forum has found that the evidence of PW1 could not be discredited and further that the opposite parties have not adduced any evidence. It was in the aforesaid circumstance that the Forum has allowed the complaint. We find that the PW1 the complainant has testified in proof of the averments made in the complainant. He has testified that he could not receive or make any call using the handset. According to him there was no coverage in the Oachira area and it was misrepresentating that there is coverage that the handset was sold and connection charges received. He had intimated the matter to the opposite parties and an officer had come to the area Ext.P4 is the letter dated 4/7/01 from the opposite party. Therein it is mentioned that the area comes under escotal coverage and that he has reported the matter to Ernakulam District Office and that if there is any further complaint he may contact the District Office at Ernakulam, Ext.P4 is written by the 1st opposite party. The counsel for the appellant has stressed the fact that the complainant has remitted the telephone bill and that he remitted the bill is admitted by the complainant himself. We find that the above circumstance alone cannot be the ground to rejected the case set up by the complainant. As noted by the Forum the opposite parties have not adduced any evidence to establish that at the particular time, ie, the second half of the year 2001, in the particular area there was coverage. The appellant could have produced such evidence as there would be documents establishing the same. In the circumstance we find that no reason to disturb the findings of the Forum below. The same are sustained and the appeal is dismissed. JUSTICE K.R.UDAYA BHANU : PRESIDENT VALSALA SARANGADHARAN : MEMBER Pk.
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
