Date of filing   : 06-12-2011

                                                                            Date of order  :  25-04-2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.333/2012

                          Dated this, the  25^th      day of   April    2012

PRESENT

SRI.K.T.SIDHIQ                                             : PRESIDENT

SMT.P.RAMADEVI                                      : MEMBER

SMT. K.G.BEENA                                        : MEMBER

Noushad Thayyal, Thayyal House,                 } Complainant

Behind Govt.U.P.School

Adukkathbayal, Kasaragod.671121.

(In Person)

The Manager, Customer Service,                  } Opposite party

Vodafone Essar Cellular Ltd,

Angel’s Arcade, 4^th Floor, South Kalamassery,

Kochin University Po. Kochi. 682022.

(Exparte)

                                                            O R D E R

SMT.P.RAMADEVI, MEMBER

            The facts of the case in brief is as follows:

            That the complainant is a customer of Vodafone and having a sim card No.9745121544. While using the above sim card there is no clarity due  to net work defect.  Then the complainant complained the same before the opposite party. The opposite party agreed to rectify the defect.  But so far they have not rectified the defect.  Now the opposite party is not ready to attend the calls of the complainant. The complainant was waiting for one month but the opposite party failed to rectify the mistake of the sim card. Being a businessman at gulf countries the complainant is facing difficulties due to the defect in the sim card.  Hence the complaint is filed alleging deficiency in service on the part of opposite party.

2.         On receipt of complaint the Forum issued proper notice to the opposite party.  But the notice neither acknowledgment received  nor returned.  Hence it is presumed that the notice is served properly.  Name of opposite party called absent and set exparte.

3.         After going through the facts of the complaint the issue raised for consideration is:

1.      Whether there is any deficiency in service on the part of the opposite

       party?

2.      If so, what is the relief as costs and compensation?

4.        Here complainant’s authorized agent his brother is examined as PW1 and Exts.A1 marked.

5.         On hearing of the complainant it is clear that the opposite party  failed to give proper service to its customers.  According to the complainant the defect is not only the clarity in speaking  of the phone but the recharge amount is shown as minus.  Moreover, if the phone is not properly working a businessman will adversely affect the  same.  Therefore we are of the opinion that there is deficiency in service on the part of opposite party.

            Hence the complaint is allowed and the opposite party is directed to pay `5000/- to the complainant for mental agony and further directed to pay `2000/-towards the costs of the proceedings. Time for compliance is 30 days from the date of receipt of copy of the order.

MEMBER                                                       MEMBER                               PRESIDENT

Exts.

A1. 14-12-2011   Authorisation letter   

MEMBER                                                       MEMBER                               PRESIDENT

Pj/