Pritam Pal, President:
1. This appeal by complainant is directed against the order dated 27.7.2009 whereby while deciding his complaint bearing No. 1488 of 2008 the District Consumer Forum-I, U.T. Chandigarh had allowed him only refund of Rs. 195 and no compensation was granted.
The parties in this judgment hereinafter shall be referred to as per their ranking before the District Forum.
2. Put shortly the facts as set out in the complaint are that the complainant on 6.10.2008 at 12.30 p.m. paid Rs. 195 to OP No. 2 for recharge of his mobile No. 9988048422 but no recharge was made nor the money was returned in spite of making many requests, due to which he had to suffer mental, physical and professional loss. Hence, alleging deficiency and unfair trade practice complainant filed complaint before the District Consumer Forum seeking compensation of Rs. 3,50,000.
3. On the other hand, the case of OP No. 1 before the District Forum was that he had no concern with the business activity of M/s. Jain Traders or OP No. 2, as he was in service since 1986 with Punjab National Bank and he was informed by his wife about the incident dated 6.10.2008. Whereas OP No. 2 pleaded that she was only a Retailer and received a sum of Rs. 195 for refilling the mobile No. 9988048422 of the Complainant on 6.10.2008. She through her Mobile No. 9888101440 made a refill E-charge request of Rs. 195 to OP No. 3 and immediately OP No. 3 confirmed the refill request and sent a SMS of successful transaction of Rs. 195 with transaction ID No. PB0882132420, dated 6.10.2008, therefore, she was not at all deficient in rendering proper service to the complainant.
4. OP No. 3 in its reply before the District Forum admitted that the complainant approached OP Nos. 1 and 2 for recharge on 6.10.2008 and he himself asked them to recharge mobile for Rs. 195 for availing lifetime validity benefit. It was pleaded that OP No. 3 had launched a Scheme in October, 2008 for Nokia handset user that if the Consumer was having Nokia Handset and Sim Card of OP No. 3 and was going to recharge mobile for first time and recharge his connection for Rs. 195 then customer would get benefit of lifetime validity. The complainant had already made other recharges on his Sim Card and opted to recharge the mobile with Rs. 195 for availing the lifetime validity benefit, therefore, the benefit was not given to him. The Complainant never approached OP No. 3 for refund and recharge of Rs. 195.
5. The learned District Consumer Forum after obtaining evidence and hearing the learned Counsel for the parties came to the conclusion that the complaint was not entitled to the compensation as claimed in the complaint. However, the complainant was allowed refund of Rs. 195. Still dissatisfied, complainant has come up in this appeal.
6. We have heard the learned Counsel for the parties and have also gone through the file carefully. The main contention of appellant is that his mobile was not recharged despite charging Rs. 195 by OPs and due to deficiency in service he had to suffer monetary loss and further he suffered mental agony and harassment. Now the only grievance of the complainant in this appeal is for awarding compensation which was not awarded by the District Forum. However, his contention has been repelled by the learned Counsel for OPs.
7. After hearing learned Counsel for the parties and going through the material brought on file, we are of the considered opinion that the amount of Rs. 195 paid by the complainant to OP No. 2 was neither adjusted, nor exhausted towards his any liability, nor the same was ever refunded, so, order for the refund of the same by the District Forum is justified. In the given facts and circumstances and keeping in view the petty amount of Rs. 195 involved therein, we further feel that as the same has not been refunded so far, therefore, complainant is also entitled to compensation of Rs. 2,000 which would also include the interest on the amount and expenses for pursuing this litigation.
8. Thus, the appeal is accepted partly and respondents/OP Nos. 2 and 3 are held liable to pay the aforesaid total amount of Rs. 2,195 jointly and severally within a period of one month, failing which complainant would be entitled to interest @ 9% p.a. from the date of filing this appeal i.e. 7.8.2009 till actual realization.
Certified copies of this order be communicated to the parties, free of charge. The file be consigned to records.