Date of Filing             : 24-07-2008

                                                            Date of Order            : 08-06-2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                C.C.No.120/09

                                    Dated this, the 8th day of June 2009.

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SHYMALADEVI                          : MEMBER

Ismail, S/o.Mohammad,

Badakkan House, near Koya Masjid,  } Complainant

Athinhal, Po.Manikoth, Ajanur Village,

(Adv. T.K.Rajan, Kasaragod)

1. The Manager, Dynamic Associates,      } Opposite parties

     Vodafone mini store,

     Opp.Kailas Theater, Kanhangad.

2. The Branch Manager,

     Vodafone, Down town Complex,

     Thalap, Kannur.

 (Adv. M. Mahesh, Hosdurg)

                                                                  O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            In paucis verbis,

            Complainant paid Rs.1000/- to opposite party No.1 on 6-11-07 to obtain a mobile phone connection with a fancy No.9745323232.  But insipte of the assurance to provide the said connection within 24 hours it was not activated.  Hence the complaint claiming compensation and cost.

 2.        Opposite party No.1 eventhough appeared but not filed any version.  Opposite party No.2 filed version.  According to opposite party No.2 the charges for a fancy Number was Rs.5000/- and customer has paid Rs.1000/-without disclosing the fancy number required by him.  If complainant pays Rs.5000/- with other necessary charges then opposite party No.2 could provide the said number.  The attempt of the complainant is to get a fancy number without requisite payments.  Hence there is no deficiency in service on their part.   Opposite party No.2 is ready to refund the amount of Rs.1000/- paid by the complainant that he remitted for the fancy number.

3.        Complainant filed affidavit reiterating what is stated in the complaint. Exts A1 to A4 marked.  One witness on the side of complainant examined as PW2.  No evidence adduced by the opposite parties.

4.       According to the complainant he and  his friend Muhajir approached opposite party No.1 to get the mobile connection with fancy number.  PW2 deposed that he remitted Rs.500/- as refundable deposit and Rs.1000/- towards the charges for fancy number.  Accordingly he got a fancy number 9745232323 and that was activated within 24 hours.

5.      According to PW1 he deposited Rs.300/- as nonrefundable amount and Rs.1000/- towards the allotment of the fancy number.  The fancy number he opted was 9745323232.  But the opposite parties did not activate and claimed a further sum of Rs.4000/- for the said fancy number.

6.          The learned counsel appearing for opposite party No.2 Sri.Ramesh argued that the pricing of the fancy number is exclusively a discretion of the opposite parties and the customer cannot insist for the fancy number for a price according to his choice.

7.          The above contention is not acceptable since as deposed by PW2 he got a fancy number by depositing only Rs.1000/- and opposite party has not produced any document to show that more that Rs.1000/- is collected for allotting the fancy number to PW2.  If so, demanding Rs.5000/- for a fancy number that is resembling the fancy number of PW2 is an unfair trade practice.

8.         Here we are mainly concerned with the proposition whether the fancy number of a mobile phone, a virtual product is such a commodity which can be sold or provided by the service provider by fixing a price at their whim or does any service provider having a choice to price it more than a price at which such a product is provided to other customer and if it is so whether such practice comes within the mischief of unfair trade practice.

9.        In this case the opposite parties provided a fancy number 9745232323 to PW2 by accepting a deposit of only Rs.1000/-.  But a resembling fancy number 9745323232 is denied to the complainant alleging that he has not deposited the required amount.  The opposite parties have not produced any document to show that Rs.5000/- is the price fixed for the fancy number at the time when the applicant opted the said fancy number.  On the other hand  Ext.A1 receipt shows the proposed fancy number that the  complainant intended to avail.  Ext.A1 is not a receipt for a part payment or payment of advance towards the price of the fancy number.  Hence the sale of the fancy number is complete when Ext.A1 is issued to the complainant.  The sum shown in Ext.A1 is the price for which such a fancy number was ordinarily sold as evidenced from the version of PW2.  Now again demanding an additional price for a virtual product that is already sold to a customer is definitely an unfair trade practice.     

               Therefore the complaint is allowed and the opposite parties are directed to provide the complainant the mobile connection having the fancy number 9745323232 without any additional payment.  Opposite parties further directed to pay a sum of Rs.2000/- towards the compensation for the loss hardship and mental agony he suffered with a cost of Rs.2000/-.  In case of inability to provide the fancy number opposite party shall refund Rs.1000/- collected from the complainant with 12% interest from the date of acceptance of the amount i.e 6-11-2007 with the compensation and costs above mentioned. Time for compliance is 30 days from the date of receipt of copy of the order.

      Sd/-                                             Sd/-                                       Sd/-

MEMBER                                           MEMBER                               PRESIDENT

Exts.

A1.06-11-07 Payment Receipt Customer copy.

A2. 07-12-2007 copy of lawyer notice.

A3.Returned registered letter.

A4. Acknowledgement card.

PW1.Ismail.B.

PW2. Muhajir.K.S.

      Sd/-                                               Sd/-                                     Sd/-

MEMBER                                           MEMBER                               PRESIDENT

Pj/                                                                    Forwarded by Order

                                                                SENIOR SUPERINTENDENT