RELIANCE INDUSTRIES LIMITED Vs. ASHOK KUMAR JAIN

JUDGEMENT

(1.) THIS appeal is by opposite party -the Reliance India Mobile and its Chief Executive Officer, who have been directed to refund Rs. 3,500 recovered from the respondent -consumer towards price of replaced mobile handset and also pay to him compensation Rs. 2,000 besides cost Rs. 500.

(2.) THE dispute arose on account of a demand of Rs. 3,500 made by the appellants from respondent -consumer for a new handset made available to the respondent -consumer in place of the old one which was insured by the appellant and stolen during existence of the insurance cover. In fact, the insurance for three years was provided by the appellants while granting WLL connection along with a handset to the respondent. The said handset was lost. However, the appellants while replacing the lost handset charged a sum of Rs. 3,500 from the respondent on the premise that the MRP of the lost handset was Rs. 10,500 while the insurance cover was only for a sum of Rs. 7,000. It appears that initially the respondent refused to pay the amount which led to disconnection of his phone which was later on restored only after the payment of the demanded amount, by the respondent. The Forum below has held and in our opinion, rightly that the demand was wholly unjustified and that the phone connection of the respondent was wrongly discontinued.

(3.) APPELLANTS have placed on record a brochure with a title "HANDSETS AFTER SALES SERVICES" allegedly issued and made available to the respondent at the time of grant of WLL connection to him. In this document a condition is contained under the head "Claim amount" which thus reads :