Order dictated by:
Sh.Anoop Sharma, Presiding Member.
1. Smt.Gonika Arora has brought the instant complaint under the Consumer Protection Act on the allegations that she had taken a connection bearing No. 0183-5061999 alongwith Broadband and telecom services from Opposite Party. It is alleged that due to poor service, the complainant had disconnected the said broadband services on 28.10.2015, but continued with telecom services and she also deposited the modem of the broadband with the Opposite Party and in this regard, NOC was issued by Opposite Party. It is further submitted that despite disconnection of broadband connection, the Opposite Party was still sending the bills to her for broadband. In this regard, the complainant made so many e-mails, but Opposite Party did not listen to discontinue the bill of broadband facility. At last, the complainant received e-mail in which the Opposite Party raised a demand of Rs.2000/- and rest dues will be waived off and the complainant accordingly paid the same vide receipt No. 1137935, but even after this, the Opposite Party did not activate her telecom services. The telecom services of the complainant still not working and she received again bill for the services for which she never used. Now the Opposite Party made threat to the complainant for the payment, while she was alone at home. In this regard, the complainant sent legal notice to the head office of Opposite Party at Chandigarh, but they declined to accept the letter. Vide instant complaint, the complainant has sought the following reliefs.
- Opposite Party be directed to get activated the telephone services of the complainant. Moreover, the complainant has also expended Rs.5000/- as legal expenses alongwith full and final settlement of dues amounting to Rs.2000/- to Opposite Party which may be refunded to her.
Hence, this complaint.
2. Upon notice, Opposite Party appeared through counsel and filed written version in which it was submitted that the present complaint is legally not maintainable as Connect Care as named in the present complaint as Opposite Party is a Brand of Quadrant Televentures Limited who is having its corporate office at Mohali and having its Zonal Office at Ranjit Avenue, Amritsar, as such, the present complaint is abuse of process of law. The present complaint has been filed by the complainant to get undue advantage from the Opposite Party. No mal-practice has been adopted by the Opposite Party as alleged in the present complaint. Legal and valid outstanding amount has been demanded by the Opposite Party and the complainant has failed to deposit the outstanding amount to the company as per bills duly issued by the company. On merits, it is denied that the complainant has disconnected the broadband services on 28.10.2015 and continued the telephone services. Since the installation of connection internet service and telecom services are continued in the number of the complainant. It is denied that complainant has submitted Modem to Opposite Party. No receipt has been placed on record showing that the complainant has submitted the modem to the Opposite Party. It is denied that NOC was issued by the Opposite Party to the complainant. No such copy has been placed on record by the complainant. No such e-mail has been received by the Opposite Party, but however, the attached e-mails are conversation made by one Priya Soni Managing Director SAGA Studies Pvt Ltd, Amritsar to customer care of company. Moreover, after going through the contents of e-mails attached, it shows that the alleged person Priya Soni has requested for disconnection of connection through e-mails on 13.10.2016 and in reply to the same, it has been rightly informed by the official of the company that to disconnect the connection, the complainant have to deposit outstanding amount both billed and unbilled alongwith accessories which include, router, charger, splitter, set etc. alongwith disconnection form, but no such formalities were fulfilled by the complainant. As such, the connection in the name of the complainant is still continue and there is outstanding amount in account of the complainant. It is admitted that vide receipt No. 1137935 the amount of Rs.2000/- has been deposited in the account of the Opposite Party. There was outstanding of Rs.5645/- against the complainant and after depositing Rs.2000/- by the complainant, Rs.3645/- are still due and recoverable from the complainant which the complainant has not paid to the company and as such, the services were not activated in the name of the complainant. While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence her affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C10 and closed the evidence on behalf of the complainant.
4. To rebut the evidence of the complainant, the Opposite Party tendered into evidence the affidavit of Sh.Ravinder Singh, attaorney holder Ex.OP1 and copies of supporting documents Ex.OP2 and OP3 and closed the evidence on behalf of Opposite Party.
5. We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the complainant and ld.counsel for Opposite Party and written submissions of the complainant and have appreciated the evidence produced on record by both the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it stand fully proved on record that the complainant took a connection bearing No. 0183-5061999 alongwith Broadband and telecom services from Opposite Party. It was argued on behalf of the complainant that due to poor service, the complainant had disconnected the said broadband services on 28.10.2015, but continued with telecom services and she also deposited the modem of the broadband with the Opposite Party and in this regard, NOC was issued by Opposite Party. It is further submitted that despite disconnection of broadband connection, the Opposite Party was still sending the bills to her for broadband. In this regard, the complainant made so many e-mails, but Opposite Party did not listen to discontinue the bill of broadband facility. At last, the complainant received e-mail in which the Opposite Party raised a demand of Rs.2000/- and rest dues will be waived off and the complainant accordingly paid the same vide receipt No. 1137935, but even after this, the Opposite Party did not activate her telecom services.
7. On the other hand, ld.counsel for the Opposite Party has repelled the aforesaid contentions of the ld.counsel for the complainant on the ground that no mal-practice has been adopted by the Opposite Party as alleged in the present complaint. Legal and valid outstanding amount has been demanded by the Opposite Party and the complainant has failed to deposit the outstanding amount to the company as per bills duly issued by the company. It was however denied that the complainant has disconnected the broadband services on 28.10.2015 and continued the telephone services. Since the installation of connection internet service and telecom services are continued in the number of the complainant. It is denied that complainant has submitted Modem to Opposite Party. No receipt has been placed on record showing that the complainant has submitted the modem to the Opposite Party. It is denied that NOC was issued by the Opposite Party to the complainant. No such copy has been placed on record by the complainant. No such e-mail has been received by the Opposite Party, but however, the attached e-mails are conversation made by one Priya Soni Managing Director SAGA Studies Pvt Ltd, Amritsar to customer care of company. Moreover, after going through the contents of e-mails attached, it shows that the alleged person Priya Soni has requested for disconnection of connection through e-mails on 13.10.2016 and in reply to the same, it has been rightly informed by the official of the company that to disconnect the connection, the complainant have to deposit outstanding amount both billed and unbilled alongwith accessories which include, router, charger, splitter, set etc. alongwith disconnection form, but no such formalities were fulfilled by the complainant. As such, the connection in the name of the complainant is still continue and there is outstanding amount in account of the complainant. It is admitted that vide receipt No. 1137935 the amount of Rs.2000/- has been deposited in the account of the Opposite Party. There was outstanding of Rs.5645/- against the complainant and after depositing Rs.2000/- by the complainant, Rs.3645/- are still due and recoverable from the complainant which the complainant has not paid to the company and as such, the services were not activated in the name of the complainant.
8. The Opposite Party has vehemently contended that the complainant has not deposited the Modem of the broadband connection to Opposite Party and no receipt has been placed on record showing that the complainant has submitted the modem to the Opposite Party. It is denied that NOC was issued by the Opposite Party to the complainant. No such copy has been placed on record by the complainant. But perusal of the document Ex.C4 placed on record by the complainant shows that the Opposite Party has received the modem on 28.10.2015 under the signature of the authorized signatory. E-mail record Ex.C5 and Ex.C6 fully proves that the complainant made so many requests to the Opposite Party for the disconnection of the broadband services. Not only this, document Ex.C7 placed on record fully proves that after full and final settlement, there was outstanding amount of Rs.5645/- and out of which, the Opposite Party has given waiver to the extent of Rs.3645/- and remaining amount of Rs.2000/- has been deposited by the complainant vide receipt Ex.C8 dated 9.2.2016. In support of her averments, the complainant has also submitted documents Ex.C9 to Ex.C10 which fully falsify the defence taken by the Opposite Party to support their case. From the aforesaid contentions and documents, it fully proves that the complainant has proved her case. In her complaint the complainant has sought the relief of activation of her telephone services besides Rs.5000/- spent on legal expenses and also requested for the refund of Rs.2000/- from the Opposite Party. So, to meet the ends of justice, we allow the complaint of the complainant and the Opposite Party is directed to activate the telephone services of the complainant without charging any amount. Opposite Party is also directed to pay compensation for causing mental tension and harassment to the tune of Rs.2,000/- beside costs of litigation to the tune of Rs.1,000/- to the complainant. Compliance of this order be made by the Opposite Party within 30 days from the date of receipt of copy of this order, failing which the complainant shall be at liberty to get the order enforced through the indulgence of this Forum. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.
Dated: 18.01.2017
