By. Sri. Jose. V. Thannikode, President:-
The Complaint is filed against the opposite party to activate the offered mobile number and to get the cost and compensation for not activating the offered mobile number.
2. Brief of the complaint:- The complainant selected a good mobile number (ie 9747887777) and bought a sim card after paying Rs.250/- from the opposite party on 07.11.2012 and the opposite party assured the complainant that the sim card and number will be activated within 24 hours. So the complainant printed 5000 visiting card, 5000 Notices and sent 160 letters and also sent 300 messages with the mobile number already offered by the opposite party. But the above said sim card was not activated with the offered period. So the complainant approached the opposite party and enquired about the non-activation of the sim card, the opposite party promised that the sim card will be activated within hours. But thereafter also the sim card is not activated. At last on 16.11.2012 the complainant approached the opposite party and enquired about the non-activation of the sim card, it is understood that the opposite party is purposefully protracted the activation of the mobile number. Due to the non-activation of the sim card, the complainant lost his business and also lost money for printing so many materials. Hence filed this complaint and prayed that the Honorable Forum may direct the opposite party to activate the sim card with the offered number with immediate effect and to pay Rs.13,500/- as the printing cost of the materials and to pay Rs.25,000/- as compensation for the loss of business.
3. Notice was served to opposite party on 02.02.2013, but the opposite party was not appeared before the Forum and not filed version even though time is granted to him for filing version till 02.04.2013. Hence on 02.04.2013 opposite party is set ex-parte and proceeded with the case.
4. On considering the Complaint, Affidavit and Exhibits produced before the Forum, the following points are to be considered:-
1. Is there any deficiency in service on the part of the opposite party?
2. Relief and Cost.
5. Point No.1:- To prove the complainant's case he has filed proof affidavit and Exts.A1 , A2 series and A3 series were marked. In the proof affidavit he stated as stated in the complaint. Ext.A1 is the Bill for Rs.250/- issued by the opposite party. Which shows that the complainant paid Rs.250/- to the opposite party on 07.11.2012 for the sim card with mobile No.9747887777. Ext.A2 series are the visiting card, which shows that the complainant printed visiting card in hisname with the offered mobile number. Ext.A3 series are the Letter Pad. Which shows the complainant printed Letter Pad in his Name with the offered mobile number. On perusing the Complaint, Affidavit and Exhibits it is found that the complainant selected the mobile number and bought sim card, believing the words of the opposite party. The complainant printed so many materials and sent messages and letters to the people and lost money and also lost his business. After receiving the price of the sim card with offered number, not activated the sim card with the offered number is the deficiency of services on the part of the opposite party. Thus the complainant is entitled to get the sim card activated with the same number and also entitled to get the compensation. Point No.1 is found accordingly.
6. Point No.2:- The complainant is entitled to get the sim card activated with the same number and also entitled to get Rs.5,000/- as compensation and Rs.1,000/- as cost of the
complaint. If the opposite party is not in a position to activate the sim card with the offered number, he is liable to pay Rs.5,500/- as cost of the printed materials. Point No.2 is decided accordingly.
In the result the complaint is partly allowed and the opposite party is directed to activate the sim card with the offered Number that is 9747887777 and to pay Rs.5,000/- (Rupees Five Thousand) only as compensation and Rs.1,000/- (Rupees One Thousand) only as cost of the complaint to the complainant. If the opposite party is not able to activate the sim card with the offered number, he is directed to pay Rs.5,500/- (Rupees Five Thousand and Five Hundred) only to the complainant as cost of the printed materials. This Order is to be complied by the opposite party within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the 12th day of June 2013.
Date of Filing:19.11.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Party:
Nil.
Exhibits for the complainant:
A1. Cash Receipt. Dt:07.11.2012.
A2(Series). Visiting Cards (2Nos).
A3(Series). Letter Pads (5 Nos).
Exhibits for the Opposite Party.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
