IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD , AT BERHAMPORE.
CASE No. CC No. 185/2017.
Date of Filing: Date of Admission : Date of Disposal:
06.11.2017 09.11.2017 06 .07.2018
Koushikbrata Basak
S/O Nirmal Chandra Basak
Vill+PO+PS – Islampur,
Dist – Murshidabad,
West Bengal
Pin-742304
Mob. No.-7001252844/9474750335 ……….… Complainant.
-vs-
- The Manager
Reliance Communication
34,chowringhee Road,
Kolkata – 700071.
- The Appellate Authority,
Reliance Communication Ltd.
DN 53 1st floor, Saltlake City
Kolkata – 91. …........... Opposite Parties.
Complainant In person ……… for Complainant
Ex-Parte ………………….……… for Opposite Party
Cont. ……….…. 2
= 2 =
Present : Sri Ashis Kumar Senapati …. ……… President.
Smt. Chandrima Chakraborty …. .…. Member.
J U D G M E N T
Chandrima Chakraborty, Member.
Interference of this Forum has been sought for by the Complainants, contending gross negligence, deficiency and unfair trade practice in rendering service towards the Complainants by the Opposite Parties.
In concise, the fact stated in the complaint, is that, the Complainant had two SIM of the Opposite Parties Reliance Co. GSM connection being mobile number 9832196195, which had the unspent balance of Rs. 1,290/98/- only with validity till 05.06.2021 as on 11.01.2017 and being another mobile number 9333785234 with unspent balance of Rs. 4,078.17/- only and which would valid till 02.09.2021 as on 11.01.2017 .
But on 30.10.2017 the Opposite Parties sent a request to the Complainant for porting both the mobile number without consent of the Complainant. Therefore the Complainant repeatedly asked for refund of his unspent balance amount but the Opposite parties remain silent and ultimately the Complainant had lost his such unspent balance amount without any fault on his part, what amounts to negligence and deficiency in rendering service by the Opposite Parties towards the Complainant for which being victimized and harassed by the Opposite Parties the Complainant has to file the instant case seeking adequate redressal against the Opposite Parties.
Cont. ……….…. 3
= 3 =
Despite service of the notice, no Opposite Parties ever appeared before the Forum in person and/or through any authorized representative / Ld. Advocate to contest the case by filing Written Version and thus the instant case have been heard ex-parte against both the Opposite Parties.
Point for Consideration
The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.
Decision with Reasons
In order to prove his allegation set forth in the complaint, the Complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case.
The main allegation of the Complainant against the Opposite Parties is that, whether the Opposite Parties had neglected and/or deficient to provide the proper services towards the Complainant.
On overall evaluation of the argument by the Complainant in person and perusing the material documents in record, it is evident that, the Complainant had two SIM of the Opposite Parties Reliance Co. GSM connection being mobile number 9832196195, which remained unspent balance of Rs. 1,290/98/- only with validity till 05.06.2021 as on 11.01.2017 and being another mobile number 9333785234 with unspent balance of Rs. 4,078.17/- only and the same would valid till 02.09.2021 as on 11.01.2017 which is manifestly evident from the photocopies of the documents filed by the Complainant .
Cont. ……….…. 4
= 4 =
But the Complainant alleged that on 30.10.2017 the Opposite Parties sent a request to the Complainant for porting both the mobile number without consent of the Complainant and the fact remains that the Complainant did not agree to port his these two mobile numbers and the Complainant had claimed his unspent balance amount remained in those two SIM from the Opposite Parties.
The record reveals that the Complainant had asked the Opposite Parties regarding the unspent balance amount left in his two SIM in question (for his two SIM being No. 9832196195 with balance of Rs. 1,290/98/- only & for No. 9333785234 with balance of Rs. 4,078.17/- only) via sending the ‘e–mail’ towards the Opposite Parties but the Opposite Parties preferred to remain silent regarding the said matter.
Thereafter, it is clearly evident from the document (Information Note of the TRAI) submitted by the Complainant that as per the TRAI Rules 8 (iii), the Refund of unspent balance to the pre–paid subscribers who neither ported out nor submitted the Bank information or claim for refund, the M/s RCL and M/s RTL to refund the pre–paid mobile subscribers having unspent balance of not less than Rupees ten in their pre – paid mobile account , by means of a crossed cheque at their postal address.
But it is manifestly revealed from the case record and the Complainant specifically stated at the time of hearing the argument that the Complainant severally requested through telephone and by sending ‘E – mail’ (the photocopy of which was submitted by the Complainant) to refund the unspent balance but the Opposite Parties never paid any heed to it and remained silent in this regard instead of TRAI Rules which is definitely the deficiency in rendering service to the Consumer/Complainant.
Cont. ……….…. 5
= 5 =
Thus, it is crystal clear from the above discussion that the Complainant proved that the Complainant had the unspent balance amount of Rs. 1,290.98/- only against the Mob. No. 9832196195, with validity till 05.06.2021 as on 11.01.2017 and the sum of Rs. 4,078.17/- only against the Mob. No. 9333785234 valid till 02.09.2021 as on 11.01.2017 i.e. Rs. 5,369.15/- only, in total, what amount the Opposite Parties are stringently liable to be refund in favour of the Complainant but the Opposite Parties were/are very much reluctant and did not do the same which is absolutely the deficient and/or negligent manner of rendering service towards the Consumer/Complainant without any doubt.
Moreover, all the allegations made by the Complainant never challenged by any Opposite Parties, even no Opposite Parties ever appeared to contest the case. Therefore, there are no reasons to disbelieve the unchallenged testimony of the Complainant.
So the unanimous decision of the Forum is that both the Opposite Parties are liable to refund the total sum of Rs. 5,369.15/- (Rs. 1,290.98/- + Rs. 4,078.17/- ) only to the Complainant along with adequate compensation for harassment and mental agony and litigation cost.
Therefore, in the light of the above discussion it is finally and commonly decided by the Forum that the Complainant has successfully proved the case and is entitled to get relief as prayed for, and consequently, the points for consideration are decided in affirmative.
In short, the Complainant deserves success.
In the result, we proceed to pass
Cont. ……….…. 6
= 6 =
O R D E R
That the case be and same is allowed on contest against both the Opposite Parties No. 1 & 2 with the cost of Rs. 1,000/- only payable by both the Opposite Parties jointly and severally in favour of the Complainant within one month from the date of this ‘Order’.
That the Opposite Party Nos. 1 & 2 jointly and severally is directed to refund the total unspent balance amount of Rs. 5,369.15/- (Rs. 1,290.98/- only against the Mob. No. 9832196195 + Rs. 4,078.17/- only against the another Mob. No. 9333785234) only to the Complainant within one month from the date of this ‘Order’.
That the Opposite Parties No. 1 & 2 jointly and severally are directed to pay a sum of Rs. 2,000/- only to the Complainant as compensation for harassment and mental agony within one month from the date of this ‘Order’.
In the event of non compliance of any portion of this ‘Order’ by the Opposite Parties within a period of one month from the date of this ‘Order’, the default Opposite Parties shall have to pay a sum of Rs. 200/- per day, as punitive damages, from the date of this ‘Order’ till the full satisfaction of the decree, out of which 50% amount (Rs. 100/- only per day) shall be paid towards the Complainant and the rest 50% amount (Rs. 100/- only per day) shall have to be deposited by the said default Opposite Parties in favour of the Consumer Legal Aid Account.
Cont. ……….…. 7
= 7 =
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
MEMBER PRESIDENT
