BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT.

Complaint No. : 8

Date of Institution : 11.1.2010

Date of Decision : 22.4.2010

Paramjeet Singh s/o Jaswant Singh r/o Mukatsar road, Sadiq, Tehsil and District Faridkot.

...Complainant

Versus

1. Vodafone Essar South Limited, C-131, Industrial Area, Phase-VIII, Mohali, Punjab.

2. Vodafone Essar South Limited, SCF-79, Model Town, Phase-I, Near Gurudwara, Bathinda.

3. Managing Director, Vodafone Store, Talwandi Chowk, Faridkot.

...Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

Quorum: Sh. Ashok Kumar President

Smt. D.K. Khosa Member

Dr. H.L. Mittal Member

Present: Sh. G.S. Chauhan counsel for the complainant.

Sh. Amrit Bansal counsel for opposite party No. 1.

Opposite parties No. 2 and 3 exparte.

ORDER

Complainant has filed the present complaint for directing the opposite parties to activate the mobile number of the complainant and also to pay Rs. 1,50,500/- as compensation with interest @ 18% per annum.

2. Briefly stated, the case of the complainant is that he is a customer of post paid connection with the opposite parties bearing mobile No. 99884-16664 for Punjab. He is paying all his mobile bills regularly. A few days back he felt need of another post paid connection and he consulted with the Agent of the opposite party No. 1 and 2 to get new post paid connection. He advised the complainant to get add-on connection which will be activated free and it will be provided free to the existing Vodafone post paid customer. The Agent namely Sumit of opposite parties issued a receipt bearing No. 1902 dated 26.9.2009 to the complainant and he allowed new post paid mobile No. 99884-36644 with complete post paid kit to the complainant. The Agent of the opposite parties told the complainant that his connection will be activated within two days but after two days that connection was not activated. He approached the said Agent but he did not give satisfactory answer and after some days he refused to activate the said mobile number. On 29.9.2009 the complainant visited the opposite party No. 3 which is a sub office of opposite party No. 1 and 2 to activate his number and they demanded new identity proof on the place of old one. He provided the same but they further started demanding Rs. 800/- as a security amount though there is no security fee on add-on connection. The act of opposite party no. 3 is illegal and against the law. The complainant requested the opposite parties so many times to activate his number but to no effect, which amounts to deficiency in service and unfair trade practice on the part of the opposite parties. The complainant is also entitled for compensation of Rs. 1,00,000/- for loosing business, Rs. 50,000/- for harassment and Rs. 500/- for calls expenses. Hence this complaint.

3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 12.1.2010 complaint was admitted and notice was ordered to be issued to the opposite parties.

4. The summons sent to the opposite party No. 3 was duly served but none appeared on their behalf on the date fixed, so the opposite party No. 3 was proceeded against exparte by this Forum vide order dated 9.2.2010. However, summons sent to the opposite party No. 2 through RC were not received back and after waiting until expiry of statutory period when no one appeared on behalf of the opposite party No. 2, the opposite party No. 2 was also proceeded against exparte vide order dated 25.2.2010. The opposite party No. 1 appeared through Sh. Amrit Bansal Advocate on 9.2.2010 but the opposite party No. 1 had failed to file any reply despite giving of many opportunities and ultimately the defence of opposite party No. 1 was struck off vide order dated 20.4.2010.

5. The complainant tendered in evidence his affidavits Ex.C-1 and Ex.C-2, copy of envelope of post paid kit Ex.C-3, copy of sim Ex.C-4, copy of receipt dated 26.9.2009 Ex.C-5, copy of legal notice Ex.C-6, copies of receipt Ex.C-7, copies of bills Ex.C-8 and Ex.C-9, visiting card Ex.C-10, original letter pad Ex.C-11 and closed his evidence.

6. We have heard the learned counsel for the complainant and have very carefully gone through the affidavits and documents on the file. Our observations and findings are as under.-

7. Learned counsel for the complainant has vehemently argued that inspite of representation of Agent of the opposite parties for allotment to him a new post paid connection bearing no. 99884-36644 and giving receipt dated 26.9.2009 with complete post paid kit including new sim, broucher and envelope of new connection kit of add-on new post paid connection and demand of Rs. 800/- as security fee of add-on connection, the new post paid connection was not activated. As a result of this, complainant suffered huge loss due to set back to his business, physical and mental harassment. Therefore, he is entitled to the relief claimed.

8. The affidavits of complainant Ex.C-1 and Ex.C-2 and documents Ex.C-3 to Ex.C-11 referred to above have been perused and considered. Principal opposite parties are bound by the representation made by their Agent namely Sumit and also otherwise having demanded security amount of Rs. 800/- from the complainant for add-on connection. The opposite parties No. 2 and 3 did not dare to come forward and rebut evidence adduced by the complainant as despite having been duly served none came forward on their behalf and as such they were proceeded against exparte. The opposite party No. 1 though appeared through Sh. Amrit Bansal Advocate failed to filed written reply and its defence was struck off. In this way, the evidence led by the complainant has remained unrebutted and unchallenged. Therefore, the complaint of the complainant is accepted. Accordingly, the opposite parties are directed to activate the add-on connection bearing No. 99884-36644 allotted to the complainant and to pay Rs. 1,000/- as compensation on account of mental tension, harassment and litigation expenses to him within the period of one month from the date of the receipt of the copy of this order, failing which the opposite parties shall pay the above mentioned amount of Rs. 1,000/- alongwith interest at the rate of 9% per annum from the date of the filing of this complaint till realization of the amount. In case no compliance is made out of this order, complainant shall be entitled to proceed under the provisions of Sections 25 and 27 of the Consumer Protection Act. Copies of the order be sent to the parties free of costs. File be consigned to record room.

Announced in open Forum:

Dated: 22.4.2010

Member Member President

(Dr. H.L. Mittal) (D.K. Khosa) (Ashok Kumar)