IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 28th day of December, 2018
Filed on 05. 07. 2018
Present
1. Sri.E.M. Muhammed Ibrahim , BA,LLM (President)
2. Smt. Sheela Jacob (Member)
in
CC/No.185/2018
Between
Complainant:- Opposite party:-
Sri.Harisankar T.P 1. The Managing Director
Thayappally Vodafone Kerala ,
Pollethai P.O, Kalavoor, Angel Arcade, TVS. Road
Alappuzha- 688522 South Kalamasserry,
Kochi-682002
2. Vodafone Store
Niza Centre Ground Floor,
Near General Hospital
Kodiveedu, Alappuzha
Pin-688 001
ORDER
SRI.E.M. MUHAMMED IBRAHIM.B.A.LLM (PRESIDENT)
This case is based on a consumer complaint field us 12 of the Consumer complaint Act.
The averments in the complaint in short are as follows:-
The complainant in connection with his employment at Andhra Pradesh was using a post paid Vodafone having No. 9037033772 connection from 31/1/2018 onwards. He has ported the mobile phone connection in Kerala. He has also deposited of Rs. 500 /- while using the post paid Vodafone at Andhra Pradesh. But after having ported the mobile phone connection to Kerala the opposite parties have directed the complainant to pay Rs. 208/- as balance amount on or before 7/4/2018. When he approached the 2nd Op with the amount it was informed that he has to pay the amount at Andhra Pradesh circle. Accordingly the complainant caused to remit the amount at APR6 store Gachibowli on 6/4/18 wide bill relationship No.70511321. But the opposite parties have stopped all incoming and outgoing calls from 10/5/18 by alleging that bill amount has not been paid by the complainant. He contacted the Customer Care Centre of the 1st Op over phone and informed that the bill amount has already been paid and thereafter they have activated the SIM.
Later, on 30/5/2018 1st opposite party again banned the incoming and outgoing calls towards his number. Again he contacted the customer care centre and at this time they have informed that there is long term inactivity and hence they banned the connection. When the complainant convinced the opposite parties that there is no long term inactivity they alleged that the overdue of Rs.208 was not remitted. Again he contacted and informed the said bill amount has already been remitted but the customer care centre has refused to activate the mobile phone and also directed to visit Vodafone store. Accordingly he visited the 2nd Ops office and informed the matter. Thereupon 2nd opposite party told him that there is overdue and that is why connection was banned. But on informing that bill amount was already remitted and there is no overdue the 2nd opposite party verified the details in the computer system and told that there is no overdue but they expressed that they are not aware why his connection has been banned. Hence it is clear that there was no overdue or any fault on the part of the complainant, even then the opposite parties have banned the connection. Hence there is deficiency in service on the part of the opposite parties and thereby complainant has sustained much mental agony and therefore he is entitled to get compensation to the tune of Rs.10,000/- and also prays to direct the Opposite party to reactivate the SIM allotted to the complainant having No.9037033772 and he further prays to award costs of the proceedings.
In spite of the receipt of notice opposite party 1 and 2 have not entered appearance nor filed any written version nor corporated with the trial. Hence Op 1and2 were set exparte. Complainant filed proof affidavit by reiterating his averments in the complaint and also got marked one document as Ext.A1.
Heard the complainant and perused the records.
The unchallenged averments in the proof affidavit coupled with Ext.A1 document would indicate that 1st opposite party Vodafone company has issued mobile phone sim card to the complainant and the number allotted to the complainant is 9037033772 . It is also brought out in evidence through Ext.A1 that he paid the excess bill amount of Rs. 208/- on 6/4/2018 at APRS Vodafone Gachibowly through credit Card. There is no overdue committed by the complainant towards the phone charges to the opposite parties. Hence the complainant is entitled to get uninterrupted mobile connection, in the said SIM card. It is clear from the available materials that the complainant has sustained much mental agony for not getting the uninterrupted mobile connection Hence the complainant is entitled to get compensation as claimed in the complaint
In the result the complaint stands allowed in the following terms
(1). Opposite party No. 1 &2 are directed to re-activate the sim card having mobile No. 9037033772 allotted to the complainant and also provide uninterrupted connection subject to the right of the opposite parties to realise the charges legally due to them for the use of the said connection.
2. The opposite parties No. 1 and 2 are further directed to pay Rs. 10,000/- (Rupees Ten thousand only) as compensation and Rs. 2000/- towards cost of the proceedings.
Opposite parties are further directed to comply with the above direction No.1 within 30 days from today failing which the complainant is allowed to proceed against them either u/s 25 or u/s 27 of the Consumer Protection Act. If the opposite parties No. 1& 2 failed to comply with direction No.2 within 30 days from today the complaint is at liberty to Recover Rs. 10,000/- awarded as compensation along with interest at the rate of 12% per annum from the date of complaint till realization with cost of Rs. 2000/- as ordered above.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 28th day of December, 2018.
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of Receipt
Evidence of the opposite parties:- Nil
Sd/-Sri.E.M.MuhammedIbrahim (President):
Sd/-Smt. Sheela Jacob (Member):
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- Br/-
Compared by:-
