RELIANCE COMMUNICATION INFRASTRUCTURE LIMITED Vs. PRIYA SANKAR BOSE

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment passed by the Ld. District Forum, Kolkata, Unit - I, on 30/10/2009, in the case no - 97/2007, wherein the Forum below allowing the Complainant has directed the OP to replace the LG set by a Nokia set of value of Rs. 7200/ - and of same quality, characteristics and facilities. The Forum below has awarded a sum of Rs. 1000/ - towards compensation and Rs. 500/ - as litigation cost in favor of the Complainant and the OP was further directed to comply the entire order within 30 days from the date of communication of this order to them, in default the amount would carry interest @ 10% per annum till full recovery.

(2.) BEING aggrieved by the above mentioned judgment the Appellant OP has preferred the present appeal before this Commission contending that the Ld. Forum below has failed to consider that the relief granted to the Respondent - Complainant is not at all justified as the Complainant has failed to establish any consequential loss before the Forum below. It has been further submitted by the Appellant that though the Complainant has alleged that the LG set is not functioning properly, but from the telephone bill as paid by the Complainant it is evident that he is using the LG phone set uninterruptedly. According to the appellantthe judgment passed by the Forum below is erroneous, illegal and liable to be dismissed.

(3.) THE brief facts of the case of the Complainant is that he purchased one Nokia Brand mobile set on 15.09.2003 from the OP on installments under 149 scheme, payable @Rs. 200/ - per month and an amount of Rs. 500/ - was paid at the time of delivery of the set from the OP. The value of the said Nokia Set was written as Rs. 9000/ -, but no cash memo or any other receipt was given except agreement for installment sale. It was agreed that the sale paper would be handed over to the Complainant after the period of installment i. e. three years is complete and amount is fully paid. Meanwhile the above set was stolen, which was under insurance coverage and as per the OP's advice police diary was lodged on 05.11.2005 with Kasba Police Station which was deposited with the OP for replacement of new Nokia Set. But the OP failed to supply another set within a reasonable period for such loss of the previous mobile set. On 18.11.2005 the Complainant submitted a letter explaining the whole thing to the OP and as per direction of the OP the Complainant a sum of Rs. 720/ - towards bill amount and Rs. 1500/ - towards insurance of the replaced set. Thereafter the Complainant was given a set, which on scrutiny appeared to be a LG set. The allegation of the Complainant is that new LG set was of lower value than the Nokia Set. Inspite of repeated requests made by the Complainant the OP did not change the LG set by a Nokia one or refund the amount being difference of Nokia set value and the LG set value. On 19.11.2005 the Complainant made a complaint to the Manager of the OP when it was assured that a Nokia set will be replaced when available as they reported no Nokia Set stock available with them for last two -three months. With good faith and confidence the Complainant carried the LG Set and started using it. After two or three months, he visited more than one occasion for Nokia Set but in vain, when he requested them to adjust the reduced value of the LG Set with that of Nokia Set for the outstanding installment dues. But till date of filing of this complaint his request was not complied by the OP -Company. Thereafter finding no other alternative the Complainant filed the complaint before the Forum below praying for direction upon the OP to give him the same set of Nokia or to accept the price of LG Set and refund the amount being the difference of Nokia Set value and LG Set value along with cost.