RELIANCE INDUSTRIES LIMITED Vs. ASHOK KUMAR JAIN
LAWS(MPCDRC)-2006-7-1
MADHYA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMISSION
Decided on July 26,2006

RELIANCE INDUSTRIES LIMITED Appellant
VERSUS
ASHOK KUMAR JAIN Respondents

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 : "In case of total loss, replacement cost or Insured amount whichever is lower. The insured amount is Rs. 7,000 for base model handsets and Rs. 20,000 for colour screen handsets." It was also a base model in the instant case. It was thus contended by the appellants that the demand and recovery of Rs. 3,500 from the respondent was in accordance with the terms and conditions agreed upon by the parties. We however do not feel inclined to accept the contention.;


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