DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 27^th day of March, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.119/2008

Permanent address

Rajeev.C,

S/o.Sreedharan.C,

Chirakkapulli House,

Kanjirasseri.P.O,

Thrissur 680583.

Present addresss:

Venu Nivas, Convent Road,

Shoranur.P.O, Palakkad. - Complainant

(Party in person)

Vs

The Marketing Manager,

Reliance Communication,

1^st Floor,

Mangalam Tower,

Palakkad. - Opposite parties

O R D E R

By Smt.Seena.H, President

Complainant is a consumer of opposite party, Reliance communications. On 22.08.2008 complainant received a SMS from the opposite party. It is as follows. “Spl Offer ONLY for U, Recharge Rs.288, get Rs.255 TT & All local call at 50p/min, STD at Re.1/min for 30 days (Rs.55 offnet TT credit in 72 hrs) T&C apply Hurry”. Accordingly it was recharged. But on the same day complainant received another message stating “Dear customer, your account has been recharged with Rs.106.49. Amount payable is Rs.288. Thank you. Reliance”. Many times complainant contacted the Customer care of the opposite party. Finally he received a message stating “Dear Reliance customer, Your SR 77145129 Bonus tt and validity could not be credited as customer is not eligible for sms campaign offer”. He filed a complaint before the Reliance Web World, Palakkad stating his grievance. Opposite party replied stating the same reasons. So far nothing was done to settle the grievance.

2. Opposite party was set exparte.

3. Evidence adduced consists of the proof affidavit and Exts.A1 to A4 marked on the side of complainant.

4. Issues for consideration are;

1. Whether unfair trade practice is exercised by the opposite party?

2. If so, what is the reliefs and cost?

5. Issues 1 and 2: It is evident from Ext.A1 that complainant has received the said offer by way of message and he recharged it on the same day itself. Exts.A2 to A4 shows that even though the complainant has informed the opposite party about his grievance, opposite party has not taken any steps to redress his grievance. Even after receipt of notice opposite party has not appeared before the forum. Hence the evidence adduced by the complainant stands unchallenged. Perusing the available evidence on record we are of the view that the act of opposite party in giving offer without any intention of providing it is an unfair trade practice. Hence the complainant is entitled for compensation.

6. In the result, complaint allowed. Opposite party directed to pay Rs.5,000/- (Rupees Five thousand only) as compensation to the complainant and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. Order shall be complied within one month from the date of receipt of the order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation.

7. Pronounced in the open court on this 27^th day of March, 2009

Sd/-

Seena.H

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K

Member

Appendix

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 – Messages received from the opposite party

Ext.A2 – Copy of complaint made by the complainant to the opposite party

Ext.A3 – Copy of e-mail sent to the Reliance Web World, Head Office, Palakkad

Ext.A4 – Copy of e-mail sent from the Head office, Web World

Exhibits marked on the side of opposite party

Nil

Costs (allowed)

Rs.1,000/- (Rupees One thousand only) allowed as cost of the proceedings.