Sri Purna Chandra Mishra    - President.  

Complainant Duleswar Sahu has filed this case u/s 35 of CP Act-2019 alleging deficiency of service on the part of the Opposite Parties for not providing him talk-time of Rs. 2880/- in spite of payment made to them for recharge of his mobile and praying therein for direction to the Opposite Parties to recharge his mobile to the tune of Rs. 2880/- and compensation of Rs. 1,15,000/- on different heads.

1.           Brief fact leading to the case is that the complainant recharged his Jioposlite Active SIM for an amount of Rs. 2880/- for his mobile No. 9777535659 by making payment through Phone UPI and the amount has been deducted successfully vide ID No. T2212182051510480953450. Even after payment, the OPs did not reflect it in his mobile even though the money was deducted from his account. He lodged complaint with the OP No. 1 who immediately intimated the matter through E-Mail to OP No.2 and 3. Since his grievance was not redressed within a period of one month, finding no other alternative, he approached this Commission for the reliefs as discussed above.
2.           Notice was sent to the Opposite Parties through Registered Post and has been duly served on the Opposite Parties. Even after receipt of notice, the OPs appeared through their Advocates on 03.03.2023 and preferred not to challenge the allegations of the complainant in any manner. Therefore, this Commission proceeded to dispose of the case on its own merit.
3.           The complainant in support of the case has filed a copy of the E-Mail sent by OP No. 1, 2 and 3, copy of the transaction sheet, copy of the transaction details from the bank.
4.           It is seen from the copy of the screenshot of the mobile that a sum of Rs. 2880/- has been paid to Reliance Jio infocomm on 18.12.2022 at 8.52 p.m. amounting to Rs. 2880/-. The statement of accounts goes to show that the money has been credited to JIO on 18.12.2022. So, the payment made by the complainant to Reliance JIO Infocomm is well established from documents on record. The OPs by not providing the relevant talk-time after his recharge amounts to deficiency in service and is a clean case of deficiency in service for which the OPs are jointly and severally liable and are also liable to compensate the complainant for the loss and harassment suffered by him and hence the order.

O R D E R

The complaint petition is allowed on contest against the Opposite Parties. They are made jointly and severally liable for causing deficiency in service and harassment to the complainant. The Opposite Parties are directed to recharge the mobile of the complainant bearing No. 9777535659 for an amount of Rs. 2880/- within 15 days from the date of receipt of the order and provide him the required talk-time and other facilities which were prevailing on 18.12.2022.  The Opposite Parties are further directed to pay a sum of Rs. 20,000/- (Rupees Twenty Thousand) only for causing deficiency in service and harassment to the complainant and a sum of Rs. 5, 000/- (Rupees Five Thousand) only towards cost of litigation. The order is to be complied within a period of 30 days from the date of order failing which the order as to cost and compensation shall carry interest @ 12% per annum from the date of order till its compliance.