BHARAT SANCHAR NIGAM LIMITED Vs. DEO KUMAR PATHAK

JUDGEMENT

(1.) MEMBERHEARD Mr. R.K. Gupta, learned Counsel for the appellant and in spite of the notice issued to the respondent, none is present on behalf of the respondent.

(2.) THIS is an appeal against the order dated 31.5.2005 passed by the District Consumer Forum, Deoria in complaint case No. 213 of 2004, Dev Kumar Pathakv. Bharat Sanchar Nigam Ltd. through General Manager, in which the District Consumer Forum has allowed the complaint that the complainant will receive a sum of Rs. 400.00 from the appellant/opposite party along with interest @ 9% per annum w.e.f. 1.4.2004 till its payment. Apart from this the District Consumer Forum has further granted a relief to the effect that the appellant /opposite -party will provide a new SIM card within two months from the date of order and a sum of Rs. 5,000.00 as compensation and Rs. 500.00 as litigation charges to the respondent/ complainant with a direction that this amount will be, paid within two months from the date of order.

(3.) THE appellant/opposite -party filed this appeal before this Commission under Section 15, Consumer Protection Act on the ground that the order passed by the District Consumer Forum is without having regard to the provisions of law. The learned Counsel for the appellant submitted that the respondent/ complainant had purchased a SIM card in October, 2003 which could not be activated. The respondent/complainant moved an application on 17.11.2003 before the appellant/ opposite -party and thereafter the respondent/ complainant deposited a sum of Rs. 200.00 for issuance of a duplicate SIM card on 16.12.2003 which was supplied to him on 19.2.2004 but unfortunately this SIM card again could not be activated, upon which he filed the aforesaid compliant before the District Consumer Forum. In that complaint the appellant / opposite -party submitted their written statement in which it was stated that the first SIM card was delivered to the respondent/complainant on 22.10.2003 with the direction that this SIM card be got activated by 5.12.2003 otherwise the SIM card will be invalidated. In spite of this instruction the respondent/complainant did not get the SIM card activated. Thereafter the complainant without any permission applied for a duplicate SIM card on the ground that his first SIM card has been cancelled and deposited a sum of Rs. 200.00 but upon checking this duplicate SIM card by the computer it was found that the first SIM card was invalidated because it was not got activated by the due date viz. 5th December/2003. The learned Counsel for the appellant submitted that the District Consumer Forum while delivering the aforesaid order did not pay attention to the effect that the respondent, complainant did not get his first SIM card activated in due time whereby his first SIM card was invalidated. Because his first SIM card was not activated and had become invalidated, therefore, his second SIM card was not activated due to the fault of the complainant. Upon these facts, the District Consumer Forum while allowing the complaint of the complainant had given the aforesaid reliefs vide order dated 31.5.2005.