CC Filed on 28.07.2008<br /> Disposed on 28.10.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 28th day of October 2008<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No.53/2008<br /> <br /> Sri. Vishwanatha S.T.,<br /> S/o Thirumalappa,<br /> Major, R/o Door No.20,<br /> Shanuboghanahalli (vi) and Post,<br /> Kolar Taluk. ….Complainant <br /> (By Advocate Sri. K.A.Khan) <br /> <br /> V/S<br /> The Manager,<br /> Tata Indicom,<br /> Sumukha Enterprises,<br /> Doomlight Circle,<br /> Kolar. ….Opposite Party<br /> (Ex-parte) <br /> <br /> ORDERS<br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to pay compensation of Rs.50,000/- with interest at 12% per annum towards the loss of his business due to non-repair of telephone installed in his house by the opposite party with costs etc., <br /> <br /> 2. The material facts as may be gathered from the pleadings and the documents produced by complainant, may be stated as follows: That the complainant is one of the subscribers of the telephone No.645285 installed in the month of June 2007 by the OP at complainant’s residence <br /> <br /> CC No.53/2008<br /> after receiving the prescribed security deposit and other charges. It is alleged that for more than four months prior to filing of the present complaint the said telephone stopped working and the same was intimated to OP orally and also by issue of legal notice to rectify the defect and inspite of it the OP did not attempt to effect any repairs and instead has been sending monthly bills for consumption charges. It is alleged that the complainant suffered huge loss in his day to day business for want of telephone connection to his residence. Therefore he prayed compensation of Rs.50,000/- with costs interest and also requested to grant such other reliefs that may be deemed fit in the circumstances of the case. <br /> <br /> 3. The OP remained absent though served with notice issued by this Forum. More than 30 days time was given for filing of the version of OP though he remained absent. Still the OP did not appear and file his version. Finally the complainant filed his affidavit with certain documents. We heard the learned counsel for the complainant.<br /> <br /> 4. The following points arise for our consideration:<br /> 1. Whether there is deficiency in service by OP?<br /> 2. If so to which reliefs the complainant is entitled to?<br /> 3. What order?<br /> <br /> 5. After considering the record and the submission of complainant our findings on the above point are as follows:<br /> <br /> Point No.1: The legal notice dated 11.04.2008 was issued to OP prior to filing of the complaint intimating that the telephone was not in working condition. That notice was served on OP on 16.04.2008. The complainant has been filed on 28.07.2008. The OP remained absent before this Forum. The complainant stated in his affidavit that the telephone has not been repaired and the monthly bills are being sent. <br /> CC No.53/2008<br /> This evidence is sufficient to hold that there is deficiency in service by the OP. Hence point No.1 is held in affirmative.<br /> <br /> Point No.2: The complainant has prayed for awarding compensation of Rs.50,000/- as he suffered loss in his business for non-availability of the facility of telephone. No other specific prayer is made by him. Any reliable evidence is not produced to show any monitory loss in the business of complainant. He has also not stated the type of business which he has been carrying. Therefore compensation of Rs.1,000/- may be awarded for mental agony.<br /> <br /> In the facts and circumstances of the case we can direct the OP to effect the required repairs to the telephone to make it in working condition within a particular time and in default to return the security deposit with interest. Point No.2 is held accordingly.<br /> <br /> Point No.3: We pass the following:<br /> O R D E R <br /> <br /> The complaint is allowed with costs of Rs.1,000/-. The opposite party shall pay compensation of Rs.1,000/- to complainant and further the opposite party shall effect the required repairs to the telephone of complainant bearing No.645285 to bring it to working condition within 30 days from the date of this order. In default to effect the repairs as ordered the opposite party shall repay the security amount received by him with interest at 12% per annum from the date of deposit till the date of payment. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 28th day of October 2008.<br /> <br /> MEMBER MEMBER PRESIDENT<br />