Date of filing : 11-10-2013
Date of order : 18-11-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.237/2013
Dated this, the 18th day of November 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Bhaskara, S/o.Batya Poojary, : Complainant
R/at Kambaladamane,
Chippar Vilalge & Post, Kasaragod.Dt.
(Adv.Ramakrishna Peruvadi, Kasaragod)
The Authorised Officer, : Opposite party
Customer Service, Vodafone Essar Cellular Ltd,
Angels Arcade, South Kalamasseri,
Cochin University.Po. Ernakulam.682 022
(Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
Complainant is a consumer of Vodafone net work and his cell phone number is 8086706716 on 25-11-2011 complainant received a phone call from Vodafone company stating that if he recharges his Vodafone sim with Rs.139/- he will get 280 minutes STD calls freely. Complainant agreed for the said offer and intimated to opposite party to deduct Rs.139/- from his sim card account. Accordingly it is deducted but the benefits offered by the company has not been provided to the complainant so far. Instead of that amount complainant again recharged on 26-11-2011 with Rs.139/- that was also not credited to the sim card. In total complainant lost Rs.139/ + Rs.139/- i.e. Rs.278/- because of the unfair trade practice on the part of opposite party. Thereafter for about one month from 26-11-2011 complainant was not able to make any STD calls from his sim card as the phone calls were not connecting STD numbers and whenever complainant attempt to make STD calls for his cell phone it was stating that this facility is not available in your sim card due to the deficiency in service and unfair trade practice on the part of the opposite party complainant suffered great loss damages and mental agony as well as discomfort and he was ridiculed by his neighbours, customers and relatives. Complainant is a driver in a transport company and he has suffered damages also due to non availability of STD calls.
2. Eventhough opposite party served notice he did not turn up. Name of opposite party called absent set exparte.
3. Complainant examined as PW1 Exts A1 to A3 marked.
4. Complainant deposed before the forum that he is a customer of Vodafone and he received a telephone call from opposite party believing the telephone call he recharged with Rs.139/- to get 280 minutes STD calls which is the offer given by opposite party to the complainant and he recharged with Rs.139/- as per the offer given by opposite party. But eventhough the amount was credited from his sim card account he did not get the benefit. Thereafter once again he recharged sim card with Rs.139/- on 26-11-2011 in total the complainant lost Rs.278/- due to the unlawful trade practice of opposite party. Thereafter one month he could not get STD calls from his cell phone. Whenever he tried to make STD calls it is stated that this facility is not available in your cell phone. Due to this complainant suffered mental agony and hardship. He was ridiculed by his neighbours and friends, customers and relatives. He is a driver in a transport company because of the non-availability of STD calls he could not contact with customers and employers. Complainant had sent a registered notice to opposite party calling upon to pay damages to the tune of Rs.25000/- which is returned as addressee closed and left, is marked as Ext.A1. Again the complainant sent a registered notice to opposite party. Ext.A2 which is served and acknowledgement is produced herein is marked as Ext.A3. For A2 notice no reply was sent by opposite party. The intention of the opposite party is to swallow the hard earned money of the customers this is nothing but unfair trade practice. The loss suffered by the complainant has to be compensated.
Hence the complaint is allowed and opposite party is directed to pay Rs.10,000/-as damages with Rs.5000/- as cost to the complainant within 30 days from the date of receipt of copy of order.
MEMBER MEMBER PRESIDENT
Exts.
A1. Returned Post cover
A2. Copy of lawyer notice.
A3. Postal acknowledgement card
PW1. Bhaskara.
MEMBER MEMBER PRESIDENT
Pj/
