RAMAVTAR TRIVEDI Vs. OASIS

JUDGEMENT

(1.) THIS appeal has been filed by the appellant under Section 15 of the Consumer Protection Act, 1986 against the order dated 21.5.2004 passed by the learned District Forum, Jaipur -I, Jaipur whereby the complaint of the complainant -appellant was dismissed.

(2.) IN this case the appellant alleged that he had purchased a cash card on payment of Rs. 299 for his mobile on 30.3.2003 which was valid up to 30.4.2003. It was represented by the respondent by way of an advertisement that there will be free incoming facility on the recharge coupon. The respondent, however, stopped the free incoming facility on 2.4.2003 as a result the appellant had to change the mobile connection and had to inform his friends about the change of number and had to bear another expenditure totalling to Rs. 2750. He, therefore, filed a complaint and requested for the refund of amount of Rs. 299 being the purchase price of the cash card and other expenses and an amount of Rs. 50,000 as damages for mental agony.

(3.) THE respondent replied that the cash card was purchased by the appellant on 7.2.2003 and not on 30.3.2003. It also submitted that the changes in the tariff were made on the basis of directions of TRAI and the public was informed through a notice in the newspapers on 1.4.2003 that the incoming facility has been withdrawn with immediate effect up to 30.4.2003 only and the incoming facility will be restored from 1.5.2003.