Order No. 9 dt. 16/11/2018
The case of the complainant in brief is that the complainant got a facility of voice call and data service by purchasing a UK Mobile Sim from M/s. K. Telecom of 18, R.N. Mukherjee Road, Kolkata – 700 001 (O.P.). On 29/03/2017 complainant was to attend the reunion of Haber-dashers’ Aske’s Boys’ School in London as he was a student of that school. A representative of the o.p. came to the residence of the complainant for installation of the Sim in the mobile phone of the complainant. Carrying with extreme enthusiasm and passion complainant reached London to recollect the nostalgia of his boyhood in the school days. But his emotion and eagerness remained confined in himself due to nonfunctioning of the Sim during the initial days of staying in London after reaching in London on 20/03/2017. The Sim for use in London remained defunct in London. The complainant had tried time and again to contact the o.p. for solution of the problem in the Sim supplied by the o.p. But the o.p. failed to solve the problem. The complainant was remained disorganized and disturbed during those days as he was unable to contact his friends in London and family members in India. At last complainant purchased UK Sim in London with payments in pound sterling. On the other hand the o.p. made false promise over early solution of the problem in the sim. After failure of repairing of the Sim, op assured refunding of the money spent for the Sim. But no such refund had been made by the o.p. after several communications through email with the o.p. Finding no other alternative the complainant lodged this complaint praying direction upon the o.p. to pay an amount of Rs.15,000/- as cost to purchase that Sim in Kolkata with compensation of Rs.5,000/- for harassment and mental agony and Rs.15,000/- for litigation cost.
In spite of the issuing notice through Post Office and also by publication of notice in the newspaper o.p. did not submit written version and therefore, the matter was fixed ex parte against the o.p.
On the basis of the pleadings of the complainant the following points are to be decided:
- Whether there was any deficiency in service on the part of the o.p.?
- Whether the complainant entitled to get any relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that complainant got a facility of voice call and data service by purchasing a UK Mobile Sim from M/s. K. Telecom of 18, R.N. Mukherjee Road, Kolkata – 700 001 (O.P.). On 29/03/2017 complainant was to attend the reunion of Haber-dashers’ Aske’s Boys’ School in London as he was a student of that school. A representative of the o.p. came to the residence of the complainant for installation of the Sim in the mobile phone of the complainant. Carrying with extreme enthusiasm and passion complainant reached London to recollect the nostalgia of his boyhood in the school days. But his emotion and eagerness remained confined in himself due to nonfunctioning of the Sim during the initial days of staying in London after reaching in London on 20/03/2017. The Sim for use in London remained defunct in London. The complainant had tried time and again to contact the o.p. for solution of the problem in the Sim supplied by the o.p. But the o.p. failed to solve the problem. The complainant was remained disorganized and disturbed during those days as he was unable to contact his friends in London and family members in India. At last complainant purchased UK Sim in London with payments in pound sterling. On the other hand the o.p. made false promise over early solution of the problem in the sim. After failure of repairing of the Sim, op assured refunding of the money spent for the Sim. But no such refund had been made by the o.p. after several communications through email with the o.p. Finding no other alternative the complainant lodged this complaint praying direction upon the o.p. to pay an amount of Rs.15,000/- as cost to purchase that Sim in Kolkata with compensation of Rs.5,000/- for harassment and mental agony and Rs.15,000/- for litigation cost.
In order to prove the case the complainants sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of their claim including the photocopies of documents. Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and, therefore, it should be accepted and necessary order is to be passed accordingly.
Considering the submissions of the respective parties it an admitted fact that the complainant purchased the Sim for its use in London but the Sim remained defunct in London. Complainant had to purchase another Sim in London. He also had to bear the roaming charges during the initial days of his staying in London. On the other hand the o.p. failed to operate the Sim which was provided by the o.p. Moreover, o.p. had failed to refund the amount towards purchasing the Sim in Kolkata. With non functioning of the Sim complainant had to face much trouble in the initial days of staying in London. The agony out of indefinite perennial waiting to have the Sim functioning forced the complainant to feel his inconvenience multiplied out of the nostalgia in attending the school of his boyhood.
With the above points in view, we hold that there was deficiency in service on the part of the o.p. and the complainant is entitled to get relief as per the order hereunder.
Hence, ordered,
That the CC No. 149/2018 is allowed ex parte with cost against the o.p. O.p. is directed to pay a sum of Rs.15,000/-(Rupees Fifteen Thousand ) only to the complainants along with compensation of Rs.5,000/- (Rupees Five Thousand) only for harassment and mental agony and litigation cost of Rs.5,000/-( Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
