DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 27^th day of March, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.136/2008

P.N.Madhavan Namboodiri,

Nelliyeri Mana,

South Panamanna,

Ottappalam,

Palakkad.

(Party in person) - Complainant

Vs

The Manager,

Reliance Communications,

Mangalm Tower,

Opp Town Bus Stand, Palakkad. - Opposite party

O R D E R

By Smt.Preetha.G.Nair, Member

The complainant paid Rs.2050/- and purchased a Reliance Land phone set of Classic CWP820 (Connection No.3207813) from M/s.U Connection, Near Webben Electricals, Palakkad Road, Ottapalam on 20.11.2007 from the Ottapalam branch of the opposite party. The Proprietor of the firm orally stated that there will be free lifelong incoming calls and the amount has to be paid only for out going calls. In short there will be 15 years free incoming service. After one year, on 20.11.2008, the opposite party disconnected the land phone services without issuing any notice. Both incoming and outgoing services were blocked. When the complainant informed the same to the proprietor he asked the complainant to pay Rs.100/- for reconnection. Amount was paid by the complainant. Even then the outgoing facility was not restored. According to the complainant this amounts to deficiency of service on the part of opposite party. The above acts of opposite party caused pain and mental agony to the complainant. Hence complainant prays before this forum for an order directing the opposite party to pay an amount of Rs.5,000/- as damages for mental agony.

2. After admitting the complaint notice was served on the opposite party. But opposite party has not appeared before the forum. Hence was set exparte.

3. Complainant filed proof affidavit along with documents. Ext.A1 was marked. Matter was heard.

4. Issues for consideration;

1. Whether there is any deficiency of service on the part of opposite party?

2. If so, what is the reliefs and cost?

5. Issue No.1 and 2: We perused the affidavit and relevant documents on record. The case of the complainant is that he has purchased a land phone connection through the Ottapalam branch of the opposite party. Ext.A1 evidences payment of Rs.2050/- dt.20/11/07 as stated by complainant. It does not reveal the fact that the opposite party or the branch office of the opposite party has issued the same. However it can be seen that the same has been issued on behalf of the Reliance Communications. The definite case of the complainant is that outgoing facility was disconnected without any prior notice. Further on payment of Rs.100/- as requested by opposite party, the same has not been restored. We are of the view that opposite party ought to have informed the complainant before withdrawing the out going facility. The act of the opposite party is against the principles of natural justice. Further the opposite party neglected to appear before the forum even after receipt of notice. Hence the evidence tendered by the complainant stands unchallenged. We also find no reason to disbelieve the facts stated by the complainant in the affidavit.

6. In view of the above discussions we hold the view that the act of opposite party amounts to clear deficiency of service and opposite party is liable to compensate the complainant. In our view the object of awarding compensation in favour of the complainant is to see that the opposite party will not repeat such things in trade or business in future.

7. Hence complaint allowed. We direct the opposite party to pay Rs.2,000/- (Rupees Two thousand only) as compensation for mental agony and Rs.500/- (Rupees Five hundred only) as cost of the proceedings to the complainant. Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry 9% interest from the date of order till realisation.

8. Pronounced in the open court on this 27^th day of March, 2009

Sd/-

Seena.H

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K

Member

Appendix

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 – Acknowledgement dt.20.11.2007 for Rs.2050/-

Exhibits marked on the side of opposite party

Nil

Costs (allowed)

Rs.500/- (Rupees Five hundred only) allowed as cost of the proceedings.