By: Smt. Mini Mathew, Member
Complaint filed u/s 12 of the Consumer Protection Act 1986.
Facts in brief:-
Complainant is having a vodafone mobile connection bearing No. 9946045292. He recharged the phone on 28/2/18 through online from his S.B Account No.100010011024 of Chungathara service co-operative Bank for Rs.458/- (Four hundred fifty eight rupees only) from phone No. 9496584090. Immediately he received one message from Vodafine stating that “your request to recharge Rs.458/-(Four hundred fifty eight rupees only) INR cannot be proceed at this time”. After receiving the message complainant contacted the opposite party through their complaint No.198 and they informed the complainant that the amount of Rs.458/-(Four hundred fifty eight rupees only) will be refunded to his account within 24 Hours. But opposite party did not credit any amount to his account. Again he contacted the opposite party and opposite party assured that the amount will be credited in his account within 7 working days.
Despite repeated demands opposite party did not refund any amount to the complainant. Hence this complaint.
After receiving notice from this Forum opposite party entered appliance and filed their version by denying all the allegations and contentions raised by the complainant through his complaint. After filing version opposite party did not care to appear before this Forum nor had he made any arrangements to represent him before this Forum. Hence he was set exparte. Complainant filed his affidavit in lieu of chief examination .
The unchallenged evidence of the complainant proves that he is a consumer of the opposite party and he is provided with phone number 9946045292 and on 28/2/18 the complainant recharged his phone through online from his S.B .Account in Chungathara service co-opertive Bank for an amount of Rs.458/-(Four hundred fifty eight rupees only). The complainant could prove that despite the payment of Rs.458/-(Four hundred fifty eight rupees only) the opposite party did not recharged the phone. Thereafter the complainant made requests to the opposite party for the refund of the said amount but the opposite party did not repay it . Definitely this amounts to unfair trade practice and deficiency in service on the part of the opposite party.
In the circumstances the complaint is to be allowed . Complaint is allowed with cost.
The opposite party is hereby directed to pay the complainant Rs.458/-(Four hundred fifty eight rupees only) being the amount the complainant paid to the opposite party on 28/2/18 and pay a compensation of Rs.2000/- (Two thousand rupees only) and Rs.1000/- (Thousand rupees only) as cost . The order shall be complied within one month from the date of receipt of copy of this order.
If the above said amount is not paid the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum upon the said amount from the date of receipt of the copy of this order till realization.
Dated this 9th day of August, 2018.
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Nil
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
