By Sri. Jose V. Thannikode, President:

The complaint filed under section 12 of the Consumer Protection Act to get cost and compensation for the deficiency of service and unfair trade practice by the Opposite Parties.

2. Brief of complaint:- The Complainant purchased a Sim after serial No.8893753100 after giving copy of ID card from the outlet conducted by One Fayas Mobile No.8893245361 who was introduced as the agent of 1^st and 2^nd Opposite parties on 24.05.2015. The agent assured that the Sim will be activated within two days. But till 27.05.2015 the said sim is not activated, hence the complainant contacted the said Fayas over telephone and he told that due to the failure of power it could not be provided and within one day but that day also the Sim not activated. Hence the Complainant again contacted somany time and he fold one or other excuses. Thereafter he is not response to the Complainant's call after all.

3. At the time of delivery of Sim card the agent of Opposite party offered that including face book, somany sites are free for life time, the call can be made to any net work @ 25ps/minute the free internet facility with 500MB for three months and for recharge above Rs.50/- full talk time is available and for getting the above said fancy number only Rs.60/- is to paid in additional and from which for Rs.50/- talking from also available. So the Complainant paid that Rs.60/- that day itself and got the sim card.

4. On believing the said assurance the Complainant printed somany notice and flexes mentioning the above said phone number about his institution named Sandeepani PSC Coaching centre spending Rs.31,000/- , but due to the non availability of the offered number the Complainant caused much difficulty less number of admissions to the institution and more loss due to the appointment of teachers, and mental agony due to the advertisement of false numbers.

5. Hence prayed before the forum to direct the Opposite party to pay the cost and compensation to the Complainant and to warn and panish them against the unfair trade practice and for the deficiency of service.

6. Notice of 1^st opposite party returned stating that “Left without intimation and 2^nd Opposite party's notice served on 14.08.2015 but not appeared before the Forum. Hence both Opposite parties name called absent and declared exparte on 09.09.2015.

7. Complainant filed proof affidavit and stated as stated in the complaint and Ext.A1 and MO1 is marked. Ext.A1 is the one copy of notice about Sandeepani PSC coaching centre where the disputed mobile number is mentioned as 8893753100.

8. MO1 series is the sim Card and its packet wherein in the packet and in sim card the serial number is same as 8991 111 720-000-901-695 and Complainant further stated in the affidavit that due to the non availability of the offered sim he further lost more money for printing new notice and flex and distribution expenditure etc.

9. On considering the over all evaluation of the complaint and document and MO's we raised the following issues for considerations.

1. Whether there is any deficiency of service or unfair trade practice?

2. Relief and cost.

10. Point No.1:- Since the Opposite Parties are exparte, we have considered all the evidence and after perusing the sim and Ext.A1 notice we are in the opinion that the Complainant purchased a sim from the Opposite Parties and notices were printed mentioning the offered phone number. But the Opposite parties has not provided the Sim Card. But the Complainant failed to prove the expenses and loss incured by the Complainant with bills or evidences. Any way the non activation of the sim card which is sold to the Complainant is a clear deficiency of service and unfair trade practice from the side of Opposite parties. Hence point No.1 is found accordingly.

11. Point No.2:- Since point No.1 is found against the Opposite parties, Opposite Parties are jointly and severally liable to pay the cost and compensation and the Complainant is entitled for the same. The point No.2 is decided accordingly.

In the result, the complaint is partly allowed and Opposite Parties are directed to pay Rs.10,000/- (Rupees Ten thousand) only as compensation and Rs.2,000/- (Rupees Two thousand) only as cost of the proceedings to the Complainant within one month from the date of receipt of this order failing which the Complainant is entitled for an interest at the rate of 15% per annum for the whole amount.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 18^th day of September 2015.

Date of Filing:15.06.2015.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:

Nil.

Witness for the Opposite Parties:

Nil.

Exhibits for the complainant:

A1. Copy of Notice.

MO1. Sim Card.

Exhibits for the opposite Parties.

Nil.