Brief facts of the case are that on 8-10-09 petitioner, after watching a T.V ad approached respondent for conversion of his pre-paid U-Phone to Jazz connection for which he also paid charges of Rs.50/- through massaging. In turn, respondent provided a Jazz sim to the petitioner stating that conversion of number would complete after four days when U-Phone signals would stop but despite waiting for four days, the promised conversion was not put through. On 15-10-09 when respondent company failed to provide the promised service, petitioner personally went to serve legal notice on respondent but they refused to accept the notice dated 16.10.09. On this, petitioner dispatched the same by post on 16-10-09. He also demanded from respondent to redress his grievance and pay him token damages of Rs.5,00,000/- as well as refund charges of Rs.50/- but the respondent did not respond, hence this petition.
2. Respondent contested the petition by filing their written statement. After failing pre trial conciliation proceedings, petition was fixed for the evidence of petitioner but today nobody appeared on behalf of respondent, therefore, respondent was proceeded ex-parte.
3. Petitioner appeared as PW-1 and also placed on record his sworn affidavit EX-P1 and documentary evidence i.e. Copy of legal notice EX-P2, postal receipt EX-P3, customer information EX-P4, record sim Mark 'A', U-Phone token report Mark 'B' copy of Jazz sim Mark 'C' franchise slip Mark 'D' and news paper ad Mark 'E' in support of his claim.
4. As already stated, petitioner's evidence goes unchallenged by the respondent due to ex-parte proceedings, therefore, the petition is accepted ex-parte to the extent of recovery of Rs.20050/- including deposit of Rs.50/-, compensation / damages for suffering mental / physical discomfort (Rs.15,000/-) and litigation expenses (Rs.5000/-). As regards petitioner's remaining relief, he may approach the Civil Court for recovery of suit damages as general damages cannot be granted by Consumer Court. After due completion, file be consigned to record room.