Complaint filed on: 23.01.2017

                                                                                                                             Complaint Disposed on:06.05.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.

COMPLAINT NO.9/2017

DATED THIS THE 6^th DAY OF MAY 2017

:PRESENT:

HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT

HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER

HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER

COMPLAINANT:

Sumith Bansali,

S/o Lal Chand Bansali,

Aged about 37 years,

R/o M.S.Bangalore-wood

Industries, K.M.Road,

Gavanahalli, Chikmagalur.

(By Sri/Smt. C.H.Anand Raj Urs, Advocate)

V/s

OPPONENT:

1. The Manager,

Reliance Communications Ltd.,

(Corporate Office) H.Block,

2^nd Floor, Dhirubhai Ambani,

Knowledge City, Khopar Khairane,

Navi Mumbai-400709.

(Opp:Khopar Khairane,

Railway Station.)

2.M.S.Amithashetty,

Salarpuria Pearl,

Muncipal No.72,

3^rd Cross Road,

Residency Road cross,

Ashok Nagar, Near

Ballal Residency Hotel,

Bangalore-560025.

Karnataka State.

(OP No.1 & 2-Exparte)

By Hon’ble President Sri. Ravishankar,

                                                                                                   :O R D E R:

The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP Nos.1 & 2 alleging deficiency in service in sending messages for payment of Rs.1,740/- without any reasons. Hence, prays for direction against Op no.1 & 2 to not to send any messages for recovery of the said amount along with compensation for deficiency in service.

2. The brief facts of the complaint is that:

        The complainant is using a mobile sim airtel no.9632555149 and he is using a prepaid connection, but at a utter surprise Op no.1 & 2 from last 3 months has sending a message to his mobile number stating that he is in due of Rs.1,740/- and demanded for payment of the said amount, further in the message it was mentioned that the customer name as Venkatesh and sim card number as 8046410222 and repeatedly sending messages 10 to 15 times every day since last 3 months. Even though complainant requested the Op customer care that he is not Venkatesh as identified them and there is no any relationship with said Venkatesh and said mobile sim number and requested for not to send the messages into his mobile number, even though after request also Op no.1 & 2 have not followed the instructions given by complainant and still sending messages. Finally complainant issued a legal notice against Op no.1 & 2 and called upon them to stop sending messages in the name of unknown person one Venkatesh for payment of Rs.1,740/- on 20.12.2016. After receipt of the legal notice complainant received a call from customer care and complainant answered that the Ops are giving trouble and unnecessary calls demanding for payment of the said amount, for which they have intimated that they are giving to take care in this regard and assured the complainant not going to receive any calls for the recovery of the said amount. After the phone call the Ops have stopped sending messages only for 2 days. Again after lapse of 2 days the complainant received a message and phone calls for payment of the said amount. Hence, complainant filed this complaint alleging deficiency in service on the part of Op no.1 & 2 and prays for direction Op No.1 & 2 to stop to sending messages and phone calls for recovery of the said amount.

3. After service of notice Op no.1 & 2 not appeared before this Forum to answer the allegations. Hence, Op no.1 & 2 placed exparte.

4. Complainant filed affidavit and marked Office copy of the legal notice as Ex.P.1 and Postal acknowledgment due as Ex.P.2.

5. Heard the arguments.

6. In the proceedings, the following points do arise for our consideration and decision:

1. Whether there is deficiency in service on the part of OPs.
2. Whether complainant entitled for any relief & what Order?

7.     Our findings on the above points are as follows:-

1. Point No.1: Affirmative. 
2. Point No.2: As per Order below. 

: R E A S O N S :

POINT NOs. 1 & 2:

8. The simple case of the complainant is that he had received a telephone calls and messages from Op no.1 company for recovery of the amount of Rs.1,740/- towards mobile no.8046410222 which stands in the name of one Venkatesh, but complainant is no where related to the said Venkatesh or not using the said mobile number. Complainant is using only airtel sim vide no.9632555149 under prepaid plan, but without any reasons Ops are sending messages and phone calls which disturbs him during his daily life. For which he informed the Op no.1 and 2 that he is no way concerned to the mobile number and such person and informed Ops to stop to sending messages and phone calls for recovery of the said amount. Even complainant also issued legal notice in this regard, but Op no.1 and 2 have not stopped the said recovery messages and phone calls. Hence, alleges a deficiency in service.

In order to establish such allegations the complainant has produced Office copy of the legal notice marked as Ex.P.1, wherein we noticed that the complainant has categorically mentioned that he is no way related to said mobile number and person called one Ventakesh under whom Op is making a phone call for recovery of the amount of Rs.1,740/-, but Ops have not cared to reply legal notice, even Op no.1 and 2 have not appeared before this Forum inspite of service of the notice from this Forum to answer the allegations. This clearly goes to show that the Op no.1 and 2 are rendered deficiency in service in sending the unnecessary messages and phone calls to the complainant for recovery of the said amount. It is clear case of deficiency in service on the part of Op no.1 and 2 for recovery of Rs.1,740/- from one Venkatesh towards mobile no.8046410222 they are sending messages and phone calls to complainant. The Ops have not explained the reason for calling complainant for recovery or send messages to the complainant in this regard. Hence, Op no.1 and 2 are directed not to send any messages and phone calls to the complainant. Further Op no.1 being the mobile company is liable to pay a compensation of Rs.3,000/- for sending unnecessary messages even inspite of legal notice from complainant to not send the messages or phone calls. Further Op no.1 also liable to pay litigation expenses of Rs.1,000/- to the complainant. As such for the above said reasons, we answer the above point no.1 and 2 in the Affirmative and proceed to pass the following:-  

: O R D E R :

1. The complaint filed by the complainant is partly allowed.
2. OP Nos.1 and 2 are directed not to send any messages or phone calls for recovery of the unknown reliance mobile number towards unknown person to the complainant.
3. Op no.1 being mobile company further directed to pay compensation of Rs.3,000/- (Three Thousand Rupees only) along with litigation expenses of Rs.1,000/- (One Thousand Rupees Only) to the complainant within one month from the date of receipt/knowledge of the order, failing which the payable amount shall carry interest @ 9% P.A. till realization. 
4. Send free copies of this order to both the parties.

(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 6^th day of May 2017).

(B.U.GEETHA)        (H.MANJULA)         (RAVISHANKAR)

    Member                  Member                    President

ANNEXURES

Documents produced on behalf of the complainant:

Ex.P.1              - Office copy of the legal notice.

Ex.P.2              - Postal Ack. due.

Documents produced on behalf of the OPs:

                                    NIL

Dated:06.05.2017                         President 

                                           District Consumer Forum,

                                                  Chikmagalur.            

RMA