DATE OF FILING : 14.12.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 24th day of January, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.268/2010
Between
Complainant : Sukumaran, S/o Parameswaran,
Panavelil,
Thadiyampadu P.O.,
Idukki District.
And
Opposite Party : Surya Watch House & Mobile Palace,
Cheruthoni,
Idukki Colony P.O.,
Idukki District.
O R D E R
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
The complainant purchased a Sim Card of Idea Company on 30.10.2010 by paying an amount of Rs.75/- to the opposite party. One photograph with a copy of the Identity Card was given at the time of availing the Sim Card. The number issued to the Sim Card is 9605552293. The Sim Card was working upto 10.11.2010, after one week of availing the connection. After that the Sim Card of him became defective and it was not working. The complainant approached the opposite party about this matter and the opposite party told that it was because of the mistake in the Identity Card issued by the complainant to the opposite party. There is no complaint or any defect in the Identity Card of the complainant and so the complainant filed a petition at the Police Station, Idukki. But the matter was not settled. So this petition is filed for getting the Sim Card reactivated and also for compensation.
2. The opposite party is exparte.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?
4. No oral evidence adduced by both the parties and Exts. P1 & P2 marked on the side of the complainant.
5. The POINT :- The complainant purchased a Sim Card of the Idea Company by a payment of Rs.75/- after giving copy of his photograph and Identity Card, which is produced and it is marked as Ext.P1. The Sim Card was not working and so the complainant approached the opposite party. But they never cured the defect. So a police complaint was also given. The Sim Card is produced before this Forum. When it is inserted in the cell phone before the Forum, it shows 'no service' and written as 'emergency call only'. No incoming and outgoing calls are available in the Sim Card. So we think that the complainant paid Rs.75/- to the opposite party
(cont.....2)
- 2 -
and the opposite party never activated the Sim Card after few days because of technical problem. The opposite party alleged that this is only because of the defect in the Identity Card of the complainant. The Identity Card is produced as Ext.P1 and there is no defect on it. Ext.P2 is the Sim Card issued by the opposite party.
Hence the petition allowed. The opposite party is directed to reactivate the Sim Card issued to the complainant or pay Rs.75/- to the complainant within 7 days. The opposite party is also directed to pay Rs.1,000/- as cost and compensation to the complainant within 30 days of receipt of a copy of this order failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 24th day of January, 2011
Sd/-
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
SMT. SHEELA JACOB (MEMBER)
Sd/-
SMT. BINDHU SOMAN (MEMBER)
APPENDIX
Deposition :
On the side of the Complainant :
Nil.
On the side of the Opposite Party :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1 - Copy of the Identity Card of the complainant.
Ext.P2 - Sim Card issued by the opposite party.
On the side of the Opposite Party :
Nil.
