C.C. No. 03 of 2009th April 20092
More over for the subscribers of Tata “Go Power” plans they will deduct 39 Ps and 29
Ps during day and night respectively and will be deduct from that Rs. 150/-. But not
from the main balance. Thus he bought the SIM card of “Go Power” offer numbered
9291606159 with SIM card number A 0000 0061 5DOB (80 73 40 26) on 16-4-2008
from “BIG-C”, T-Nagar, Rajhmundry, East Godavari district.
3. There is hike in the price of the recharge card, and it was changed and
the value of recharge card that became 150 minutes instead of Rs. 150/-. Thus, the
subscribers of the “Go Power” plan now can’t enjoy 39 Ps and 29 Ps during night and
day respectively from Tata to Tata balance. This change of value of recharge card
from Rs. 150/- to 150 minutes is exactly during the examinations of the complainant
i.e. during November. All of sudden he found the main balance is Rs. “0”. He asked
the customer care Executive regarding call charges and he found his recharge card
worth of Rs. 60/- was finished after 150 minutes instead of about 420 minutes. The
change of recharge card tariff is without any notice to the complainant. During his
examinations he felt mental agony as he could not call his parents, family members
and friends in time. He felt great amount of inconvenience and also could not find
any information regarding this change for 2 days. There is clear proof of unfair trade
practice and negligence towards the complainant and other subscribers without
giving any notice. The purpose of the plan cannot be served now, which he was told
that it would be for one year by the customer care Executive. The cause of action
arose in the month of November 2008 when the Tata Indicom changed its balance
without any notice to the complainant. The Tata Indicom is carrying out its business
all over India and also having branch office at Kadapa, so this forum is having
jurisdiction. The complainant requested this forum to allow the complaint directing
the respondents to pay Rs. 10,000/- towards mental agony and costs of the
complaint.
C.C. No. 03 of 20093
4. R1 filed a counter stating that the complaint is not maintainable either in
law or on facts of the case and the complainant is put to strict proof of all the
allegations which are exclusively denied by the opposite parties. Opposite party
obtained license from Government of India through department of
Telecommunications to maintain, establish and to operate telecommunication
services in the state of Andhra Pradesh. As per guidelines of Telecom Regulatory
Authority of India (TRAI). The respondent company is bound to follow the directions,
regulations, guidelines issued by the above authority. The Opposite party launched a
tariff plan card “Go Power for the benefit of its prepaid subscribers in the following
tariff.
Starter packs Go Power
Circles Rest of India
Starter pack (RS) 199
Talktime (Rs.) 2
Validity 1 years
Daily debit (Rs) 1
Bundled offer
Free calls to local Tata Phones
Validity (Days) NA
Free local SMS (Rs.) -
Validity (Days) -
Pulse (Rs./mim)
Local – to Tata Phones 0.39
Local – to tata pones (Night 0.19
Local – to all other mobile 0.49
Local – to all other mobile (Night) 0.49
Local – to all other LL 0.99
STD calls 2.49
ILD 17.20
Roaming incoming call 1.75
Roaming out going local call 1.40
Roaming outgoing NLD call 2.40
SMS local .100
SMS National 2.00
SMS International 5.00
Voice station Tariffs 6.00
This scheme was highly useful to the customers and it was highly welcomed by the
users throughout India. Further these schemes are launched after due approvals
from Telecom Regulatory Authority of India. In the present case the complainant has
C.C. No. 03 of 20094
totally misconceived the case and trying to club two different officers the Opposite
party namely the current “Go Power” with an add on pack scheme. The Opposite
party has not withdrawn any benefits as applicable to the Go power scheme / plan.
It also offered an add on pack as an option to the customers with benefits like Rs.
60/- is the value of the RCV which gives Rs. 150/- talk time to make calls to local
tata phones valid for 30 days. The same was revised with a value proposition of 150
minutes calling to local tata phone. This revision had been effected after due consent
and approval from TRAI. There is no change in the main starter kit namely “Go
Power” and if the customers are willing to go for any add on pack means additional
benefits as mentioned in the add on recharge vouchers. The complainant had
agreed to the terms and conditions in the customer application form which clearly
stated any clause – 5 that the subscriber is bound to obey the terms and conditions
subject to the provisions of TRAI. The other allegations which are not specifically
denied are deemed to be denied may be read as part and parcel of this written
version. The complainant is not entitled for the compensation of Rs. 10,000/- as
there is no deficiency of service on the part of the opposite parties and the
complainant is not entitled for costs as no cause of action arose for the present
complaint and the present complaint is liable to be dismissed.
5. R2 & R3 were called absent and set exparte on 6-3-2009.
6. On the basis of the above pleadings the following points are settled for
determination.
i. Whether the complainant is entitled to the relief as prayed for?
ii. To what relief?
C.C. No. 03 of 20095
7. On behalf of the complainant Ex. A1 is marked and on behalf of the
respondent Ex. B1 is marked. Written arguments filed by the complainant. Oral
arguments were heard from both sides.
8. Point No. 1 Ex. A1 is the original document of offer of Go Power starter
kit T - SIM pack in the name of the complainant. Ex. B1 is the Xerox copy of terms
and conditions. As could be seen from the written arguments of the complainant,
almost all the averments of the counter of R1 have been admitted by the complainant
and there is no adequate proof in support of the allegations and claim of the
complainant. The complainant appeared to have misconceived the issue in question
and trying to club two different offers namely Go Power with add on pack scheme.
According to the counter of R1 the Opposite party has not withdrawn any benefits as
applicable to the “Go Power” scheme. It also offered an add on pack as an option to
the customers with a benefit like Rs. 60/- is the value of the recharge vouchers that
gives Rs. 150/- talk time to make calls to tata phones valid for 30 days and this was
revised with a value proposition of 150 minutes calling to local Tata pones. This
revision was affected after obtaining due approval from TRAI. There is no change in
the main starter kit namely Go Power and if the complainant is willing to go for any
add on pack means additional benefit as mentioned in the add on recharge vouchers.
In view of giving consent by the complainant in the application form that he agreed to
the terms and conditions of the opposite party vide clause – 5 that the subscriber
(complainant) is bound to obey the terms and conditions subject to the provisions of
TRAI. There are no merits in the complaint and the complainant deserves no
consideration.
9. Point No. 2 In the result, the complaint is dismissed without costs.
Dictated to the Stenographer, transcribed by him, corrected and pronounced
by us in the open forum, this the 8
MEMBER MEMBER PRESIDENT
C.C. No. 03 of 2009th April 20096
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 Original document of offer of Go Power starter kit T - SIM pack in the
name of the complainant.
Exhibits marked for Respondents: -
Ex. B1 is the Xerox copy of terms and conditions.
MEMBER MEMBER PRESIDENT
Copy to :-
1) S. Srikanth, S/o S. Kameswara Rao, aged 21 years,
Student, Resident of H.No. A1/2, Chinnachowk,
Kadapa – 516 002.
2) Sri K.B. Venkata Sivaiah, Advocate.
3) Branch Manager, “BIG-C”, T-Nagar, Rajahamundry,
East Godavari district.
4) Branch Manager, TATA INDICOM HUB,
7 Roads Circle, Kadapa – 516 002.
1) Copy was made ready on :
2) Copy was dispatched on :
3) Copy of delivered to parties :
C.C. No. 03 of 2009
PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT
SMT. B. DURGA KUMARI, B.A., B.L.,
SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER
CONSUMER COMPLAINT No. 03 / 2009
S. Srikanth, S/o S. Kameswara Rao, aged 21 years,
Student, Resident of H.No. A1/2, Chinnachowk,
Kadapa – 516 002. ….. Complainant.
Vs.
KLK Street, Beside L.B. Stadium, Basheerabagh,
Hyderabad.
East Godavari district.
7 Roads Circle, Kadapa – 516 002. ….. Respondents.
presence of the complainant in person and Sri K.B. Venkata Sivaiah, Advocate for R1
and R2 & R3 called absent and set exparte and upon perusing the material papers on
(Per Sri S. Abdul Khader Basha, Member),
1. Complaint filed under section 12 of the Consumer Protection Act 1986.
2. The brief facts of the complaint is as follows:- The complainant is the
subscriber of Tata Indicom. There are so many offers which cost less charges when
called from Tata phone to Tata phone. Tata phones are CDMA phone i.e. only the
SIM card of Tata alone works in it. The complainant bought CDMA phone and also a
plan named “GO POWER”. There are different plans but they are to New SIM cads
only. He was told that there is an offer known as “GO Power” which is valid for one
during day and night respectively from the Tata balance only. There is a recharge
coupon worth of Rs. 50/- for which Rs. 150/- talk time from Tata to Tata is available.
