Judicial Analysis Court Copy Headnote Facts Arguments Court observation

UNION TERRITORY CONSUMER DISPUTES
REDRESSAL COMMISSION, CHANDIGARH
Hon’ble Mr. Justice K.K. Srivastava, President;
Maj. Gen. S.P. Kapoor and Mrs. Devinderjit Dhatt, Members
RELIANCE INDIA INFO-COM. LTD.—Appellant
versus
SANJIV KUMAR MAINI & ANR.—Respondents
Appeal Case No. 283 of 2004—Decided on 30.9.2004

Advocates:
Counsel for the Parties :
For the Appellant :Mr. Varun Gupta, Advocate.
For the Respondent No. 1: In person.

The court emphasized the principle of consumer protection and held the service provider liable for deficiency in service, ordering the refund of the security amount with interest and costs.

Headnote:
Mobile Phone Services - Consumer Dispute - District Consumer Disputes Redressal Forum-II, U.T., Chandigarh - Refund of security amount - Deficiency in service - Rs. 6,350/- - 6% per annum interest - Rs. 500/- costs of litigation
Fact of the Case:

The complainant purchased a mobile phone with promised services which were not provided. The complainant sought a refund of the security amount and compensation for harassment and agony.
Finding of the Court:

The court found deficiency in service and allowed the complaint partly, directing the refund of the security amount with interest and costs of litigation.
Issues: Deficiency in service, refund of security amount, compensation for harassment and agony
Ratio Decidendi: The court held that there was deficiency in service as promised services were not provided, and ordered the refund of the security amount with interest and costs of litigation.
Final Decision: The appeal was dismissed, and the court directed the refund of the amount with interest and costs within one month.

ORDER

Mr. Justice K.K. Srivastava, President—This is an appeal filed against judgment and order dated 22.4.2004 passed by District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (for short hereinafter to be referred as District Forum) in Complaint Case No. 435 of 2003.

2. The respondent/complainant got mobile telephone from the O.P. No. 2-Reliance India Mobile Sale Outlet, SCO No. 499-50, Sector 35, Chandigarh impleaded as proforma respondent in appeal on 23.6.2003 and deposited a sum of Rs. 6,350/- as security advance. Soon thereafter the respondent/complainant found that STD, ISD, SMS, E-mail services were not available on his aforesaid mobile phone No. 3103412 though the appellant had mentioned in the advertisement that these services were available on the mobile phone. The complainant sent a written complaint dated 26.6.2003 to the appellant and apprised them of the aforesaid lack of services on his mobile phone. The appellants assured that the services would be provided to him on 28.6.2003. However, these services were not provided on the said mobile phone. On 9.9.2003, the complainant requested the appellant and disconnected his mobile connection. The mobile set was thus returned to the appellant but the amount deposited by way of security was not refunded to him. This led to the filing of the complaint wherein the appellant sought the relief of refund of Rs. 6,350/- with interest @ 18% per annum along with Rs. 10,000/- as compensation for physical harassment and mental agony.

3. Notice of complaint case was served on the O.Ps. who put in appearance through Counsel on 19.1.2004 and sought time for filing written statement but the written statement was not filed and the case was adjourned to 22.4.2004 on payment of Rs. 100/- as costs. Even when the case was finally taken up on the date fixed i.e., 22.4.2004, no written statement had been filed nor any reason given for not filing of the written statement. The complainant filed evidence in the shape of his affidavit and placed on record statement of accounts for the period from 1.12.2002 to 19.7.2003 and from 20.8.2003 to 19.9.2003.

4. Apart from it, a copy of the acknowledgement by WOTC of Service Termination Request was placed on record vide which the complainant had requested the O.Ps. for termination of the service provided to him. The refund of the security was to be made on 30.7.2003 but the same was not made. The District Forum held that there was deficiency in service and as such the complaint was allowed partly and a direction has been issued to the O.Ps. to refund the security amount of Rs. 6,350/- with interest @ 6% per annum from 30.7.2003 till payment along with Rs. 500/- as costs of litigation.

5. Notice of appeal was sent to the respondent/complainant who put in appearance in person. Record of the complaint case was summoned. We have heard learned Counsel for the appellant and the respondent/complainant in person and have gone through the file of the complaint case.

6. There is no defence version given by the appellant to the complaint case nor any affidavit has been filed to controvert the averments made in the complaint. A perusal of the endorsement made on the top of document, which we have marked as Annexure-I shows the following endorsement :

“Under Scheme, security refund after 20 days Rs. 6,350/- . Sd/-30/7/2003”

7. The other document, which has been placed on record is the copy of statement for the period from 20.8.2003 to 19.9.2003 showing previous dues as Rs. 537.84, monthly charges Rs. 249.00, Service Tax @ 8% Rs. 19.92 bringing the total amount to be paid as Rs. 806.76. On the left hand site, three exciting new offers were mentioned, which are as under :

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