Order-12.
Date-15/03/2017.
Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the Complainant in short is that he received one SMS on his Mobile Handset sent by Matrix Connection, as “Combo Offer” before the foreign trip in Germany that SIM Card Tariff 34.99 EUR has been provided by the OP Party Company which could be used in Germany for communication to others. On receiving the said SMS the Complainant contacted with the Company over phone. A person received the phone claiming that he is one of the staff of the OP. He told that it is “Combo Offer” for customer who are abroad and the Complainant who was going to Germany being satisfied and allured about the said offer, agreed to purchase the SIM Card for Rs.2,589/- i.e. 3,499 EUR. In the month of January a person came to the office of the Complainant, claiming to be a staff of OP No. 1 and handed over the SIM Card to the Complainant against Rs.2,589/- i.e. 34.99 EUR and issued a valid receipt of the same vide Matrix MobileNo.017610033752 Matrix SIM No. 8949227 133103019846, Net Work Name Germany-02, CAF T1001560047. The Complainant reached Germany being on 11.02.2016 and the SIM Card could not be inserted in his Mobile Handset as the SIM was not of required size. The Complainant immediately contacted the OP through ‘e-mail’ on 14.01.2016 at 6.20 Pm and thereafter having received the said the Assistant Manager of the OP replied the said mail but without assurance of functioning of the said SIM Card. The Complainant served a legal notice dated 18.03.2016 upon the OP No. 2, but OP No. 2 did not take any measure for functioning of the said SIM Card. It is alleged that OP is absolutely deficient in rendering service and it is also alleged that OP has indulged in unfair trade practice. Hence this case.
None appeared on behalf of the OP on service of Summon. The case has proceeded ex parte against the OP as such.
Point for Decision
1) Whether the OPs are negligent and deficient in rendering service to the Complainants?
2) Whether OPs have indulged in unfair trade practice?
3) Whether the Complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have perused the documents on record namely, photocopy of “Combo Offer” for Germany, photocopies of e-mails on different dates, photocopy of demand notice and other documents on record.
It appears that the Complainant asked Branch Office of OP No. 2 for Matrix Connection in a Combo Offer, through his mobile handset during foreign trip in Germany. The Complainant came to find that the SIM provided to the Complainant was neither a Micro SIM nor a Nano SIM Cardinstead of his required Nano SIMCard.The Complainant without Nano SIM Card suffered communication breaks during his trip in Germany. The OP No. 1 also did not respond despite of intimation provided by the Complainant through e-mail respectively on 14.01.2016 and 18.01.2016. It appears that the Complainant gave an amount of Rs.1,500/- to an offer of OP No. 1 as against the SIM Card against valid receipts vide Matrix Mobile No.017610033752 Matrix SIM No. 8949227 133103019846, Net Work Name Germany-02, CAF T1001560047.We find that the SIM did not work in Germany. We think that the OPs have been deficient in rendering services to the complainant and have taken out a misleading advertisement to harass the Complainant and public in general by adopting unfair trade practice.
None came from the side of the OPs to contradict or to controvert the version of the Complainant. The evidence of the Complainant remains unchallenged and uncontroverted. In absence of any contrary and controverting materials on record and having regard tothe documents thereon, we think that Complainant is entitled to get the decree as against the OPs.
In result, the case merits success.
Hence,
Ordered
That the instant case be and the same is allowed ex parte against the OPs but on merit.
OPs are jointly and severely directed to refund an amount of Rs.1,500/- (Rupees one thousand five hundred ) to the Complainant apart from litigation cost of Rs.5,000/- ( Rupees Five thousand) within one month from the date of this order.
OPs are also jointly and severely directed to pay an amount of Rs.5,000/- (Rupees Five thousand) to the Complainant for causing harassment, mental pain and agony within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act and in that case OP shall be liable to pay penal damage at the rate ofRs.5,000/- per month to be paid to this Forum till full and final satisfaction of the decree.
