CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Smt. Bindhu M. Thomas, Member
Sri. K.N. Radhakrishnan, Member
CC No.99/11
Wednesday the 20th day of July, 2011
Petitioner : Binoy.P.Gopal,
Dhanyalayam,
Ponkunnam PO, Chirakkadavu,
Kottayam .
Vs.
Opposite party : Manager,
Reliance World,
Thyparambil Buld,
K.K.Road, Kottayam.
2) Reliance Communication Ltd,
Dhirubhai Ambani Knowledge City
Navi Mumbai 400709.India.
(Adv. N.Gopalakrishnan)
ORDER
Sri. Santhosh Kesavanath P. President
The case of the petitioner, filed on 21/2/11, is as follows.
Petitioner purchased a data card from the opposite party on payment of Rs.2290/-. On the date of purchase opposite party offered following services:-
a) Petitioner has to pay an amount of Rs.2200/- as the cost of data card and Rs.70/- as activation charge.
b) On monthly payment of Rs.799/- and tax petitioner can download unlimitedly
c) Opposite party will serve copy of the contract agreement and the different documents regarding their plans
d) There is sufficient service centers for the repairs of data card
e) The opposite party company is best company which give good after sales service
f) Opposite party company is the accepting the least rate for the data card.
After availing the service from the opposite party they committed deficiency in service and not given the offered services. Petitioner had given several complaints to the opposite party but the opposite party has not cared to reck the grievance of the petitioner. Hence this petition.
Notice was served to the opposite party. Opposite party accepted the notice, filed vakalath but opposite party has not filed any version. So opposite party was set expartee
Points for determinations are
i) Whether there is any deficiency in service on the part of opposite party/
ii) Reliefs and costs?
Evidence in this case consists of deposition of the petitioner as PW1 and Ext.A1 to A9 documents on the side of the petitioner
Point No.1
In the absence of contra evidence we are constrained to rely on the sworn deposition of the petitioner as PW1. Petitioner deposed in the box that the service rendered by the opposite party is not as promised. Several complaints given by the petitioner were not cared by the opposite party. Petitioner had sent several registered notice and e-mail communication to opposite party but none of them were replied by the opposite party. So the petitioner prays for refund of Rs.2290/- which is given as cost of the data card. Petitioner also claims refund of Rs. 4870/- which is paid by the petitioner to opposite party as per different bills. Petitioner claims Rs.10,000/- as compensation and cost of Rs.1000/-. In our view due to lack of contra evidence we are constrained to believe the case of the petitioner. So point No.1 is found accordingly.
Point No.2
In view of the findings in point no.1 petition is allowed.
Opposite party is ordered to refund the petitioner an amount of Rs.7160/- with 9% interest from the date of purchase of the data card till realisation. Opposite party can take back the data card on compliance of the order. Petitioner is also entitled for an amount of Rs.500/- as cost of the proceedings. Since interest is allowed no separate compensation is ordered.
Order shall be complied with within one month of the receipt of a copy of the order.
Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 20th day of July, 2011.
Sri. Santhosh Kesavanath P. President Sd/-
Smt. Bindhu M. Thomas, Member Sd/-
Sri. K.N. Radhakrishnan, Member Sd/-
Appendix
Documents of petitioner
Ext.A1-Copy of the bill dtd. 28/11/09
ExtA2(a) to A2( L)copy of series of bills
Ext.A3series -copy of the bill dtd 9/2/10 and 9/3/10
Ext.A4 copy of the notice dtd.5/11/09
Ext.A5-copy of postal receipt
Ext.A6-copy of AD card
Ext.A7 to A7(b) copy of notice, copy of postal A/D card, copy of postal receipt
Ext.A8(a) to A8(d)copy of e-mail communication
Ext.A9copy of list
Witness
PW1-Binoy.P.Gopal.
