By Sri. A.S. Subhagan,  Member:

            Facts of the  case in brief:-  This is a complaint filed under section 12 of the Consumer Protection Act 1986.

            2. The Complainant is a Senior Citizen aged 70 years old.  The Complainant is having  a mobile phone connection number 9961971324 of the Opposite Party company and the Complainant is using it about for the last four years.  The  allegation of the Complainant is that  on 30.11.2019 the Complainant re-charged the mobile phone with Rs.399/- for using  internet facility.  But internet facility was not available either in the residence of the Complainant or in the neighbouring places,  though this matter was  informed to the Opposite Party’s  customer care on several occasions,  no action was taken by the Opposite Party in this regard.  Whenever the matter was informed to the Opposite party, regarding the non-availability of internet facility,  the Opposite Party was used to reply in an unjustifiable  and unlogic  attitude.  Hence,  the inaction  on the part of the  Opposite Party has resulted in irreparable loss and  injury to the Complainant.  This is deficiency in service on the part of the Opposite Party and as such the Opposite Party is liable to compensate  the complainant.  Therefore the Complainant prays  before the Forum  to direct the Opposite party to refund Rs.399/-  being  the recharged amount and Rs.25,000/-  being  compensation and direct  the Opposite Party to pay cost of the complaint.

            3. The complaint was registered and notice was served to the Opposite party.  Opposite Party neither appeared  nor represented before the Forum.  Hence the Opposite Party was set exparte on 18.02.2020.

            4. The Complainant filed affidavit and he was examined as PW1 on 04.03.2020.  No documents were marked.

            5. Upon perusal of the complaint,  affidavit and evidence given by the Complainant the Forum raised the following points for consideration.

1. Whether there is any deficiency  of service on the part of Opposite Party?
2. If so,  whether the Complainant is entitled to get compensation as prayed  for?
3. Relief and cost.

6. Point No.1:-  Ofcourse  the  Opposite  party had  the right and opportunity

to appear before the Forum to defend the case but the Opposite Party did not            use it and hence the Forum has no other way  than   to  believe  the  allegation of the Complainant  and to declare that there is deficiency in service on the  part of the Opposite party.

            7. Point No.2:-  As point No.1 is found against the Opposite Party, he is liable to compensate the complainant.

            In the result,  the Opposite Party is ordered to refund Rs.399/-  (Rupees Three hundred  and Ninety Nine only) being the recharged amount,  pay Rs.3,000/-  (Rupees Three thousand only) as  compensation and Rs.1,000/- (Rupees One thousand only) as cost of the complaint within one month from the date of this order,  to the Complainant.

            Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 11^th day of March 2020.

Date of filing:01.01.2020.

                                                                                                PRESIDENT:    Sd/-

                                                                                                MEMBER   :    Sd/-

                                                                                                MEMBER  :     Sd/-

APPENDIX.

Witness for the Complainant.:-

PW1.              Chathu.                                             Complainant.          

Witness for the Opposite Party:-

Nil.                 

Exhibits for the Complainant:    

Nil.

Exhibits for the Opposite Party:-

Nil.