BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> C.C.No. 81/2008 Filed on 28.04.2008<br /> Dated : 30.10.2008<br /> Complainant:<br /> Sreedevi Gopalakrishnan, Makayiram Veedu, Thundathuvila, Puthiyathura P.O, Nagapuram, Karumkulam, Neyyattinkara. <br /> <br /> Opposite party:<br /> <br /> Tata Tele Services Ltd., Vellayambalam P.O, Thiruvananthapuram. <br /> <br /> This O.P having been heard on 15.10.2008, the Forum on 30.10.2008 delivered the following:<br /> ORDER <br /> <br /> SMT. BEENAKUMARI.A: MEMBER<br /> <br /> Brief facts of the complaint are as follows: The complainant Sreedevi Gopalakrishnan had taken a Tata Indicom connection on 21.12.2005 by depositing an amount of Rs. 1750/-. As per the complainant the said telephone connection caused huge financial loss to her. Hence she decided to cancel the connection with the opposite party. For that she approached the opposite party and cancelled the connection. The opposite party assured the complainant that the deposit amount will be paid within 3 months. After that period on 16.04.2008 the complainant and her husband approached the opposite party for receiving the deposit amount. But the opposite behaved badly to them and issued a card stating that there was no deposit in that connection. And also the complainant alleges that at the time of taking connection the opposite party offered a dinner set to the consumer and from the receipt issued by the opposite party an offer of dinner set is seen. But the opposite party did not give it. The complainant approached this Forum for the redressal of her grievances. <br /> <br /> The opposite party, Tata Tele Services Ltd remained ex-parte. <br /> <br /> Points to be ascertained:<br /> (i)Whether there is deficiency in service from the part of the opposite party?<br /> (ii)Whether the complainant is entitled to get the reliefs and costs.<br /> <br /> Points (i) & (ii):- The complainant in this case has filed affidavit in lieu of evidence and was examined as PW1 and through her 3 documents were marked. Ext. P1 is the receipt issued by the opposite party for Rs. 1750/-. Ext. P2 is the acknowledgement issued by the opposite party at the time of cancellation and returning the phone. Ext. P3 is the photocopy of card issued by the opposite party showing that 'no deposits exists'. <br /> <br /> The opposite party accepted the notice issued by this Forum, but did not appear before this Forum to contest the case. Hence the affidavit filed by the complainant stands unchallenged. The complainant has succeeded to prove her case by her pleadings and documents. We have found that there is deficiency in service and unfair trade practice from the side of the opposite party. Ext. P1 document itself shows that there is unfair trade practice from the side of opposite party. In that receipt the opposite party offered a dinner set, but the complainant stated that they did not deliver it to her. The opposite party is bound to repay the deposit amount to the complainant at the time of cancellation, but the opposite party did not turn up to give it. The act of the opposite party caused sufferings to the complainant. Hence the complaint is allowed.<br /> <br /> In the result, the opposite party is directed to refund Rs. 1,750/- to the complainant with 9% annual interest from 22.12.2007 till the date of realization and also directed to pay Rs. 1,000/- as costs. Time for compliance one month. <br /> <br /> <br /> <br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. <br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th October 2008.<br /> <br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> G. SIVAPRASAD : PRESIDENT<br /> <br /> <br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> C.C.No. 81/2008<br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS : <br /> PW1 - Sreedevi. S<br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Original temporary receipt No. 136 dated 21.12.2005 of <br /> Rs. 1750/-.<br /> <br /> P2 - Original acknowledgement receipt Sr. No. 31740 dated <br /> 22.11.2007.<br /> <br /> P3 - Photocopy of line cancellation/disconnection statement of <br /> Tata Tele Services Ltd. <br /> III OPPOSITE PARTY'S WITNESS :<br /> NIL<br /> IV OPPOSITE PARTY'S DOCUMENTS :<br /> NIL<br /> <br /> <br /> PRESIDENT<br /> <br />