Date of Filing:18.08.2009<br /> Date of Order:09.10.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 09TH 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: 1997 OF 2009<br /> Nayaz Pasha<br /> S/o. Shaik Fareed<br /> No. 34, 5th Main Road<br /> New Gurappanapalya<br /> Bangalore 560 029 Complainant<br /> V/S<br /> 1. Nodal Officer<br /> Reliance Communications Ltd.<br /> R. Com House, 8th mile<br /> Hesaraghatta Cross<br /> Tumkur Road, Bangalore 560057<br /> <br /> 2. Appellate Officer<br /> Reliance Communications Ltd.<br /> The Estate, 5th Floor, No. 121<br /> Dickenson Road, Bangalore 560042<br /> <br /> Head Office<br /> Reliance Communications Ltd.<br /> H-Block, 1st Floor<br /> Dhirubhai Ambani Knowledge City<br /> Navi Mumbai 400709, Maharashtra Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant.<br /> The facts of the case are that he has been using Reliance Pre-paid connection from several months bearing No. 09019097925. He activated the Reliance GPRS service in the month of July 2009. The balance from his pre-paid account was deducted as soon as he recharged to the tune of Rs. 140/- without any prior notification. When he enquired with the customer care their explanation was not satisfactory. They assured that balance will not be deducted further. The complainant submitted that he recharged his account by paying Rs. 50/- on 27.07.2009 evening and recharged again on 28.07.2009 by Rs. 50/-. Within an hour all his balance was deducted. He approached Reliance web world in Jayanagar on 30.07.2009. Customer care executive gave false information. He lodged complaint. He received SMS from Reliance that issue has been resolved which was again a false feedback. He again rushed to the Reliance web world on 01.08.2009. Complainant e-mailed the details of this incident to the Nodal Officer as well as Appellate Officer on 06.08.2009 and requested them to forward the details of GPRS usage. But the complainant received no reply till date. The complainant has been undergoing lot of mental agony from past few weeks. Therefore, the complainant submitted that he seek justice in this matter from the Hon’ble Forum. The complainant prayed that opposite party be directed to refund amount of Rs. 140/- and compensation of Rs. 9,50,000/- may be granted for mental agony and harassment and he also prayed for 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 07.10.2009, the opposite parties remained absent. Nobody appeared on their behalf. Notice to opposite party No. 1 served and opposite party No. 2 has refused the notice. Refusal of notice was held sufficient service. The opposite parties even not sent the defence version by post. The representatives of opposite parties have not appeared before this fora and failed to contest the matter.<br /> 3. Complainant was present in person and submissions were heard. The allegations made by the complainant are looked into and perused the documents.<br /> 4. The case put up by the complainant has gone unchallenged. The opposite parties have not appeared before this fora even though served with notice. It appears that opposite parties have no defence to make. That is why they have remained absent. There is absolutely no reason what so ever to disbelieve the case put up by the complainant. The complainant’s case was to be accepted as true and correct in the absence of any defence on behalf of the opposite parties. Therefore, the request of the complainant that the opposite party be directed to refund an amount of Rs. 140/- shall have to be accepted. The complainant has prayed that compensation to the tune of Rs. 9.5 lakhs be awarded to him for mental agony and harassment. This is a very exaggerated request of the complainant. There is no law or any authority of law to grant such a huge amount of compensation for the nature of present dispute. However, a small amount of compensation shall have to be granted to the complainant for mental agony, tension and harassment since the complainant has wasted his time and energy in pursuing the case. On the facts and circumstances of the case awarding compensation amount of Rs. 1,000/- will meet the ends of justice. In this way the opposite parties can be directed to pay total amount of Rs. 1,140/- to the complainant. The complainant having paid Rs. 400/- as court fee for lodging this complaint, naturally he has spent some amount in putting up his case. Therefore, he is entitled for Rs. 500/- towards costs of the present litigation. In the result I proceed to pass the following:<br /> ORDER<br /> 5. The complaint is allowed. The opposite parties are directed to refund Rs. 140/- along with Rs. 1,000/- as compensation to the complainant. The opposite parties are also directed to pay Rs. 500/- as costs of the present proceedings to the complainant.<br /> 6. The opposite parties are 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 09TH DAY OF OCTOBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER <br />