SRI. SAJEESH.K.P    : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019,  seeking direction against the  OP to pay Rs.1,50,000/- as compensation due to  mental agony and defect in the  service of OP and to pay Rs.15,000/- as cost to the complainant.

Complaint in brief :-

  The complainant was a regular prepaid customer of OP which is a telecommunication company and the complainant always get his prepaid recharge by calling the customer care.  On 8/3/2023 the complainant chooses to recharge for Rs.479/- which was the best offer.  As per the offer, 2GB data/day was available for 56 days.  But according to audio message from OP,  complainant didn’t receive 2GB data.  The complainant contacted VI customer and executive  informed that there is no  such offer was updated and the offer is providing only 1.5GB data.  Later , complainant  sent an email to OP along with the screen shot of the offer that he received, but all went in deaf ear and  the complainant  suffered loss of opportunities for his  research and  entertainment activities which he was intended to do after availing 2 GB data/ day. The complainant’s grievance was unattended by OP resulted in mental agony and harassment to complainant.  Hence this complaint.

    After filing the complaint, notice issued to OP.OP’s notice is returned with an endorsement as “closed and left”. Hence it is presumed that the notice duly served.  The OP not appeared before the commission and not  filed any version.  The commission had to  held that the  OP has no version as such in this case came to be proceed against the OP is  set exparte. 

         Even though, the opposite party has  remained ex-parte, it is for the complainant to establish the allegations made by him against the  OP.  Hence the complainant was called upon to  produce   evidence in the form of affidavit and documents.  Accordingly the complainant  has chosen to produce his affidavit along with 6 documents marking as Exts.A1 to A6. Ext.A1 is the   printout of  offer SMS dtd.8/3/2023, Ext.A2 is the print out of Auto chat dtd.8/3/2023.  Ext.A3 is the print out of online complaint dtd.10/3/2023.  Ext.A4 is the print out of remainder  dtd.15/3/2023.  Ext.A5 is the printout of reply received from OP and Ext.A6 is the CD containing offer voice  message and other messages received from OP’s company.  The complainant was examined as PW1. So the OP  remain absent  in this case.  At the end the commission heard the case on merits.

     The commission looked in to the  documents  which was  produced by the complainant as  the OP was set exparte.  Let us examine the  exhibits  one by one.  The Ext.A1, reveals that an offer SMS received by complainant stating that recharge for Rs.479/- provides 2GB per day along with other benefits.  The Exts.A2 to A4 shows the earnest  effort  made by complainant to  avail the service from OP to get the benefit of the service which he already paid.  Ext.A5 is the reply letter sent by OP clearly stated  that the mobile  number of complainant is not eligible for the offer of 2 GB per days. The commission  came  into the  view that  according to the Ext.A1, an offer was received by complainant from OP and it was accepted by complainant through the recharge payment.  The complainant claimed that he was not able to  carry out of many of the  research and entertainment activity due to the non compliance of offer by OP.  But, there is no evidence produced by complainant  before the commission to prove the loss he suffered.  Even though complainant made the consideration, OP failed   to provide their service.  Hence it is a clear case of deficiency in service from the side of OP and thereby complainant is entitled to get Rs.10,000/- as compensation  towards the deficiency in service from the part of OP.

      In the result the complaint is allowed in part.  The opposite party is directed to pay Rs.10,000/- as compensation to  the complainant  towards the deficiency in service from the part of opposite party within 30 days of receipt of this order, failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1-print out of offer SMS

A2- print out of auto chat

A3- print out of online complaint

A4- print out of remainder

A5- print out of reply

A6- CD containing  messages from OP

PW1-P.V.Shajin- complainant

Sd/                                                           Sd/                                                  Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                  ASSISTANT REGISTRAR