C.C filed on:08.06.2016

 Disposed on:25.08.2016

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, TUMKUR

DATED THIS THE 25^th DAY OF MARCH –  2016

C.C. No. 78 OF 2016

:PRESENT:

SMT. PRATHIBHA. R.K. BAL LLM. PRESIDENT,

SRI. D. SHIVAMAHADEVAIAH, B.A. LLB,  MEMBER

SMT. GIRIJA, B.A. LADY MEMBER

COMPLAINANT/S:

L.Raghu, President,

Heavenly Relax Charitable Trust (Regd.),

Behind Kannada School,

Upparahalli, S.S.Puram Post,

Tumkur City.

(In-person)

-V/s-

OPPOSITE PARTY/IES

The Manager,

Idea Eligence Telecom,

Sriramanagar,

Tumkur.

  (Ex-parte)

:-O R D E R:-

SMT.PRATHIBHA R.K. - PRESIDENT

The complainant has filed this complaint Under Section 12 of the Consumer Protection Act 1986 against the OP alleging deficiency in service on the part of OP and prays to direct the Opposite Parties to disconnect the three Idea Post Paid Sims and further requested to direct the OP to pay Rs.5,000/- towards mental agony and Rs.5,000/- towards travelling expenses.

The brief facts of the complaint is as under:-

2.       The complainant submitted that he is the President of Heavenly Relax Charitable Trust Registered and he has purchased three post paid SIMS bearing Nos.7353102111, 7353162111, 7353165111 in his trust name.  The complainant further submitted that on 26/02/2016 he asked the OP to disconnect the above said three post paid numbers.  The OP told the complainant to pay the bill amount of Rs.920/- and give a letter for disconnection in the letter head of trust.  Thereafter the complainant paid Rs.920/- and gave a letter to disconnect the above said three post paid SIMS and obtained receipt for payment.

          The complainant further submitted that on 22/04/2016 the OP called the complainant and told that the complainant has not paid Rs.350/-.  Thereafter the complainant enquired the OP about the payment of  Rs.350/- by showing the payment receipt already made, but the OP told the complainant to make payment of Rs.350/- and thereafter the complainant complained about the attitude of the OP to the Manager, Cellular Limited, No.75, Civil Station, Richmond Road, Bangalore - 560 025 through registered post.  But, there is no response.  Hence, the complainant filed this complaint.        

3.       In spite of service of version notice,  the OP failed to appear and thereby the OP was placed at Ex-parte.

4.       The complainant has filed affidavit evidence to support his case and also produced some documents which were not marked.  Heard the arguments, and then posted the case for orders.

5.       Based on the above materials, the following issues will arise for our consideration.

1. Whether there was deficiency in service on the part of the OP as alleged by the complainant?

2. What Order?   

6.       Our answer to the above issues are as under:-

Issue No (1)          :        In the Affirmative

Issue No (2)                    :        As per final order below

                          :-REASONS:-

Issue No.1:-

7.       The complainant has firmly stated oath in his affidavit that the complainant is the President of Heavenly Relax Charitable Trust Registered and he has purchased three post paid SIMS bearing Nos.7353102111, 7353162111, 7353165111 in his trust name.  Further, the complainant has firmly stated oath in his affidavit that on 26/02/2016 he asked the OP to disconnect the above said three post paid numbers and the OP told the complainant to pay the bill amount of Rs.920/- and give a letter for disconnection in the letter head of trust.  Thereafter the complainant paid Rs.920/- and gave a letter to disconnect the above said three post paid SIMS and obtained receipt for payment.  But the OP has not disconnected the above said three post paid SIMS in spite of giving letter for disconnection and payment of due amount.

8.       The OP has not appeared in the instant case though the notice was duly served and thereby the OP remained Ex-parte, in the sense, the OP either admits the averments in the complaint in toto or it has nothing to say contrary to the complaint averments. If the matter is viewed on this line, it proves that the OP has agreed the same impliedly.  Based on the above, we have no legal impediment to disbelieve the say of the complainant that he has established the deficiency in service on the part of OP. Hence, there is deficiency in service on the part of OP.  Accordingly, we answer point No.1 in the Affirmative.

Issue No.(2):-

9.       In the result, it is just and proper to direct the OP to disconnect the three post paid numbers bearing Nos.7353102111, 7353162111, 7353165111.  The complainant claimed Rs.5,000/- towards mental agony and Rs.5,000/- towards travelling expenses.  In this regard, the complainant has not produced any documents to show that he is entitled for the said amount.  Hence, we decline to award Rs.5,000/- towards mental and Rs.5,000/- towards travelling expenses.  But the complainant is entitled for cost of Rs.1,000/-.  Accordingly, we proceed to pass the following:-

:- ORDER:-

The complaint is allowed in the part with cost of Rs.1,000/-.

The OP is directed to disconnect the three post paid SIMS bearing Nos. 7353102111, 7353162111, 7353165111 within 30 days from the date of knowledge/receipt of this order, failing which the OP is directed to pay Rs.2,000/- to the complainant as damages.

 Supply free order copy to the parties.

(Dictated to the stenographer, transcribed and typed by him, then corrected and pronounced in the open Forum on this the 25^th Day of AUGUST 2016).

LADY MEMBER                    MEMBER                PRESIDENT   

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