Order-9.
Date-28/03/2017.
Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case in short is that OP is a Company engaged in providing services was of rendering various SIM Cards for various mobile phones. The Complainant took a mobile Sim Card for his mobile phone from the OP at the time of going abroad for using network and BBM completing the entire requirement / facilities. The Complainant previously also purchased one Sim for Black Berry Handset for the use in abroad but the same was not working and the Complainant informed to the OP Company regarding the same through email dated 16.06.2012. The Complainant contacted the representative of the OP and talked about the problem. The representative of the OP assured the Complainant that they would adjust the amount of Rs.5,000/- taken by the OP in the next SIM Card/Bill/ Invoice. The Complainant believing the words of the representative of the Company, purchased another Sim Card for his mobile phone for using it in abroad and did not push the OP to refund the money and left the amount with the OP. But the OP did not keep its word and issued current bill for the SIM without adjusting the earlier amount of Rs.5,000/-. The Complainant contacted the OP Company over phone and also complained about the non-adjustment of Rs.5,000/- with the current bill, but to no result.
The Complainant sent an email dated 08.03.2014 to the OP asking the OP to reverse the raised bill. The Complainant has also alleged that he did not make outgoing calls during the abroad trip as the service was not provided by the OP. But OP did not pay any heed to the request of the Complainant. It is alleged that OP did not solve the problem in spite of various correspondences made by the Complainant. It is alleged that the OP is deficient in rendering services and has failed to provide services to the Complainant. Hence this case.
OP has not been appeared in this case in spite of service of summons and the case has proceeded ex parte against the OP.
Point for Decision
1) Whether the case is maintainable in its present form and prayer ?
2) Whether the OP is deficient in rendering service to the Complainant?
3) Whether the Complainant is entitled to get relief as prayed for?
Decision with Reasons
We have perused the documents on record i.e. photocopy of email dated16.12.2012, photocopy of email dated 01.12.2012, photocopy of email dated 08.03.2014, photocopy of Bill for the period 30.12.2013 to 18.01.2014, photocopy of legal notice dated 14.02.2015 by OP Company to the Complainant, photocopy of item wise Bills for the period 30.11.2013 to 13.12.2013, photocopy of letter dated 03.01.2014 by the OP Company to the Complainant for nonpayment of the Bill amounting to Rs.7,747.48 generated for the month of December, 2013, photocopy of email dated January 21,2014 addressed to the Complainant, photocopy of notice of PL Matter No. 8713/14 of the office of the State Legal Service Authority, West Bengal,. City Civil Court Building, 1st floor, 2 & 3 K.S.Roy Road, Kolkata 700 001.
It is alleged by the Complainant that he purchased a Sim Card from the OP Company in the year 2012. The Complainant however, has not furnished any invoice as against the purchase of the Sim Card as claimed. It is alleged by the Complainant that he purchased earlier the said Sim for Black Berry hand set in the year 2012 for use in abroad but the same was not working and the Complainant informed the OP regarding the same and the OP Company assured the Complainant that they would adjust the amount of Rs.5,000/- in the next Sim Card / Voucher / Invoice, but we are afraid no invoice bill for the amount of Rs.5,000/- is forthcoming before us. It is not also forthcoming to us the date, month of such purchase in 2012. It is alleged by the Complainant that the said amount has not been adjusted by the OP against current bill / invoice. We find that the Complainant has not challenged the amount of the bill i.e. bill amount as raised by the OP. The allegation of the Complainant is that he purchased a Sim for Black Berry Hand set for the use in abroad in 2012 from O.P. at an amount of Rs.5,000/-. But no invoice is furnished by the Complainant to show that the value of the Sim cardfor Black Berry Handset was Rs.5,000/-. Moreover, it appears that the episode took place in the year 2012. The Complainant has filed this case on 23.12.22016 i.e. after lapse of 2 years. Section 24 A of CP Act reads .
“Limitation period .
- The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
- Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period. Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay. “
We find that Complainant has not filed any petition for condonation of delay in filing the case beyond the stipulated period of two years from the date of cause of action.The Annexure ‘A’, copy of the email as we find as also dated June 16, 2012. From Annexure (C) it also appeared that the episode took place 4 years back when he was in Europe tour. The contention of Annexure-C is also different i.e. net surfing is not free.
We also find that OP has filed application before the State Legal Service Authority, West Bengal, Kolkata for default against the Complainant alleging that the Complainant utilized the services of the OP and failed to make payment of outstanding bill amount. Be that as it may, the contention of the Complainant is that amount of Rs 5,000/- has not been adjusted with the Bill amount as against the Sim card for Black Berry Handset for the use in abroad way back in the year 2012. We think that the cause of action arose in 2012 and the case is filed on 23.12.2016. The case as such is hopelessly barred by limitation. Moreover, Complainant has not filed any bill invoice as against the purchase of Sim for Black Berry Hand set at an amount of Rs.5,000/- as alleged.
In result, the case merits no success.
Hence,
Ordered
That the instant case be and the same is dismissed ex parte but on merit against the OPs.
No order as to cost.
