Complainant in person

Opponent No.1 exparte

Advocate Umesh R. Deshmukh for the Opponent No.2

Per Hon’ble Smt. Kshitija Kulkarni, Member

                                     JUDGMENT

                                Dated 20^thJune 2014

                   This complaint is filed by consumer u/s 12 of the Consumer Protection Act, 1986 against the Virti Interactive and Tata Teleservices (Mah) Limited for deficiency in service. Brief facts are as follows-

[1]               Complainant is resident of B-503, Karan Celista, Near Bharti High School, Balewadi, Pune 411 045 and Opponent No.1 Virti Interactive is the distributor of Tata Teleservices (Mah) Limited. Complainant had purchased ‘Tata Photon Plus Data Card’ on 13/09/2011 from Virti Interactive. At the time of purchase, an executive from Virti Interactive conveyed to complainant on e-mail that, he need to pay bill amount of Rs.850/-, after completing three months with Tata, they will give discount of Rs.100/- and bill amount complainant need to pay Rs.750/- for life time.  But till date complainant got bill of Rs.938/-. Complainant had sent mails to the Opponents and also met the persons at Virti office personally, but there was no reply from them. Hence, the complainant has filed present complaint and prayed that bills amount should be Rs.750/- only, he has also prayed for compensation for mental agony to the tune of Rs.50,000/- and cost of complaint to the tune of Rs.3,000/-. He has filed documentary evidence in support of his complaint i.e. the copies of e-mails and bills. 

[2]               Opponent No.1 though duly served remained absent. Hence, complaint is proceeded exparte against Opponent No.1  

[3]               Opponent No.2 resisted the complaint by filing written version. It is denied that there is deficiency in service on their part. It is the contention of the Opponent that the complainant had exchanged the mails with the Opponent No.1 i.e. Virti Interactive which is a distributor of M/s. Tata Teleservices (Mah) and as the offer has been made by the Opponent No.1 without the knowledge of Opponent No.2, no cause of action arose against them.  Opponent No.2 has further stated that, they had never promised to give any such discount and the discount which was offered is reflected in the bill itself.  It is further contended that, the Opponent No.1 is the distributor of the Opponent No.2, and if some promises or services are promised to be made by the Distributor i.e. the Opponent No.1 in its personal capacity and without the knowledge of the Opponent No.2, then the liability cannot be shifted on the Opponent No.2. The claim as regards compensation for mental and physical sufferings, notice charges are also denied by the Opponent No.2. Opponent No.2 has prayed for dismissal of the complaint.

[4]               After considering the pleadings of both parties, scrutinizing the documentary evidence of both parties, following points arise for the determination of this Forum. The points, findings and reasons thereon are as follows-

Reasons-

As to the Point Nos. 1 and 2-

[5]               The undisputed facts in the present complaint are that, Complainant had purchased ‘Tata Photon Plus Data Card’ on 13/09/2011 from Virti Interactive.  Complainant has produced copy of E-mail dated 13/09/2011 on record as an evidence. It reveals from the said e-mail that Opponent No.1 has promised the complainant that, if complainant takes  Rs.950/- unlimited plan then he will get discount of Rs.100/- for 18 months and after completion of three months with Tata, he will get more discount of Rs.100/- for life time and complainant will have to pay monthly rental bill of Rs.750/-. Contentions raised by complainant, supported by the documentary evidence against Opponent No.1 remains unchallenged, as the matter is proceeded, exparte against the Opponent No.1. As it failed to comply with its own promise, which amounts to deficiency in service.         

[6]               It is pertinent to note that, Opponent No.1 is the distributor of the Opponent No.2 and Opponent No.1 has given certain promises to the complainant in its individual capacity and without the knowledge of Opponent No.2, then the liability cannot be shifted on the Opponent No.2 for fulfillment of those promises. And hence, Complainant’s prayer in respect of   issuance of bill to the tune of Rs.750/- only cannot be granted. Hence, complaint against Opponent No.2 deserves to be dismissed.

[7]               Complainant is entitled to get compensation for physical and mental sufferings to the tune of Rs.2,000/- and cost of the complaint to the tune of Rs.1,000/- from Opponent No.1 only.

                   In the result, Forum answers the points accordingly and pass following order-

                                             :- ORDER :-

1. Complaint is partly allowed.
2. It is hereby declared that the Opponent No.1 has caused deficiency in service.
3. Opponent No.1 is directed to pay amount of Rs.2,000/- [Rupees Two Thousand only] towards compensation for mental and physical sufferings and cost of Rs.1,000/- [Rupees One Thousand only] to the complainant within six weeks from the date of receipt of copy of order.
4. Complaint against the Opponent No.2 is dismissed.
5. Both parties are directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.

Copy of order be supplied to both the parties free of cost.

Place – Pune

Date – 20/06/2014