BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Complaint  Case No  :1274 of 2009

Date of Institution :  04.09.2009

Date of  Decision   :  01.12.2009

Lekh Raj, #2 (Near SBOP), Vill. Daruya (Near Rly. Station), U.T. Chandigarh.

 ….…Complainant

V E R S U S

1]   The Managing Director, TATA Tele Services Ltd., C-125, Phase-VIII, Industrial Focal Point, Mohali – 160071.

2]   AGM Communication Pvt. Ltd., SCO No. 3013, Sector 22-D, Chandigarh.

.…..Opposite Parties

CORAM:    SH.JAGROOP SINGH MAHAL       PRESIDENT

          SH.SIDDHESHWAR SHARMA        MEMBER

          DR.(MRS) MADHU BEHL     MEMBER

Argued by:Complainant in person.

 Sh.Raj Karan Singh, Adv. for OP No.1.

 OP No.2 ex-parte.

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

         Concisely put, the Complainant had taken an STD connection on 26.10.2006 from OP No. 2, who was an authorized dealer of OP No. 1 and deposited Rs.3500/- (Rs.550/- as refundable security + Rs.1200/- as recharge and Rs.1800/- for bill machine/ printer). He was assured that the security would be refunded within one month after depositing the equipment. It was averred that the connection was disconnected on 9.10.2007 and the equipment was also deposited on the same day. It was alleged that even after one month when the refund was not made, he approached the OPs number of times with a request to refund the security, which they lingered on, on one pretext or the other. Finally, instead of Rs.500/-, an amount of Rs.220/- was refunded to him on 31.10.2008, without assigning any reason. Hence this complaint, alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2]       Notice of the complaint was duly served upon the OPs, but inspite of due service, none turned up on behalf of OP No. 2 and therefore, they were proceeded against exparte.  

3]       OP No. 1 in its reply, while admitting the factual matrix of the case, pleaded that as per the equipment return note dated 9.10.2007, the Complainant returned the equipment, charger and handset to their distributor (OP No. 2), but OP No.1 had only received the equipment and handset from the Distributor and not the charger. As such, an amount of Rs.280/- was deducted towards cost of Charger and Rs.220/- was refunded to the Complainant out of refundable security of Rs.500/-. All other material contentions of the complaint were controverted. Pleading that there was no deficiency in service on their part, a prayer has been made for dismissal of the complaint.

3]-A      Parties led evidence in support of their contentions.

4]        We have heard the Complainant in person and learned counsel for OP No. 1 and have also perused the record.

5]       Annexure C-2 is the receipt dated 9.10.07, vide which the complainant returned the handset and a charger both in good condition to the AGM Communication Private Limited (OP-2).  These instruments were to be passed on by OP-2 to OP-1, upon which the OP-1 was to release security amount of Rs.500/- to the complainant.  OP-2, however, did not deposit the charger with OP-1, due to which OP-1 deducted an amount of Rs.280/- on account of the price of the charger and refunded to the complainant Rs.220/- only.  Since the complainant has already deposited the charger with OP-2, the full amount of Rs.500/- was to be refunded to the complainant.  The entire dispute therefore arose due to the fault of OP-2,   who has not come forward to contest this complaint despite service and was proceeded against ex-parte.

6]       We are of the opinion that the present complaint succeeds.  The same is accordingly allowed.  OP-2 is directed to pay the amount of Rs.280/- to the  complainant alongwith interest  @ 9% per annum, since 9.10.07, till the amount is paid alongwith litigation cost of Rs.1,100/-.  If the amount is not paid within a period of 30 days from the receipt of the copy of the order, the entire amount would carry penal interest @ 12% per annum, since the filing of the present complaint i.e. 4.09.09, till the amount is paid to the complainant.

          Certified copies of this order be sent to the parties free of charge.  The file be consigned.