Date of Filing:14.08.2009<br /> Date of Order:16.10.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 16TH DAY OF OCTOBER 2009<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 1973 OF 2009<br /> <br /> Mallika Mallikarjun Kori<br /> H.No. 1090, II Floor, 10th Main<br /> RPC Layout<br /> Bangalore 560 040 Complainant<br /> V/S<br /> The Manager<br /> Reliance Communications<br /> No. 22 & 23, 1st Main Road<br /> Kalidas Road, Gandhinagar<br /> Bangalore 560 009 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that she has purchased a GSM Sim Card on 13.01.2009 by paying Rs. 50/- with Bill No. 3817. On 15.01.2009 she received sim card bearing No. 9019536731 from opposite party. After activation she came to know the No. as 9019439483. On 16.01.2009 one person called and told that it belongs to him. On 17.01.2009 the sim card was exchanged. Again exchanged sim was wrong one. Till date opposite party was not able to rectify it. Many times complainant visited office which is 12 kms away from the house. Therefore, the complainant prays that opposite party be directed to replace the sim card with all benefits i.e. 450/- talk value and six months free night calling i.e. from 11.00 p.m. to 6.00 a.m. and complainant has prayed for grant of compensation of Rs. 10,000/- for mental agony and harassment and also cost of litigation.<br /> 2. After admitting the complaint notice issued to the opposite party by registered post. When the case was set for appearance of the opposite party on 06.10.2009, the opposite party remained absent and nobody appeared on behalf of the opposite party. Therefore, opposite party was placed as exparte. <br /> 3. On 12.10.2009 complainant was heard and perused the documents. <br /> 4. The case put up by the complainant has gone unchallenged. The complainant has produced copy of letter dated 22.01.2009 given to the Manager, Reliance Communications, Gandhinagar. In that letter also she has explained the grievances. The complainant has also produced Reliance mobile GSM advertisement brochure. The opposite party though served with notice has not appeared and contested the matter. It appears that opposite party has no defence to make. That is why it has remained absent. The case of the complainant has to be accepted as true and correct. As per the facts stated by the complainant it is very clear that there was deficiency in service on the part of the opposite party. Therefore, the opposite party must be directed to replace the SIM (GSM) with all benefits i.e. Rs. 450/- talk value, six months free night calling from 11.00 p.m. to 6.00 a.m. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 5. The complaint is allowed. The opposite party is directed to replace SIM card (GSM) of the complainant with all benefits i.e. Rs. 450/- talk value and six months free night calling.<br /> 6. The opposite party is directed to comply the order within four weeks from the date of this order.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 16TH DAY OF OCTOBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER