<br /> COMPLAINT FILED: 30.10.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 06th DECEMBER 2008<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> <br /> COMPLAINT NO.2321/2008<br /> <br /> <br /> COMPLAINANT Sri.Mallikarjun B Kori,Near APMC Yard,ILKAL – 587154.Dist – Bagalkot.V/s.<br /> OPPOSITE PARTY The Manager,(Customer Care)Embassy Square,No.148, Infantry Road,Bangalore – 560001.Advocate – Sri.B.C.Chetan<br /> <br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to refund the excess of amount collected and pay a compensation of Rs.10,000/- and for such other relief’s on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant had a post-paid connection with the OP from 01.11.2005 to 01.11.2006. Under the said plan all the mobile calls are charged Rs.1/- for 60 seconds and land line Rs.1.69. With all that OP arbitrarily started claiming excess amount and the billing is not proper. OP collected mobile and the land-line calls as Rs.1.30 for 60 seconds and Rs.2.49 for 60 seconds respectively, which is illegal and arbitrary. For no fault of his, he is made to pay extra amount. Thus he felt deficiency in service on the part of the OP. Under the circumstances he is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP complainant is challenging the excess billing pertaining to month of September 2006 and this complaint is filed in the month of October 2008. Hence complaint is barred by time. It is further contended that OP sent the demand bill as per the tariff plan opted by the complainant. Complainant is bound by the terms and conditions. OP followed the guidelines issued by the Department of Telecommunications. So far so good complainant has not any written complaint during the disputed time. The other allegations made in the complaint are all baseless. Complaint is devoid of merits. Hence OP is not liable to pay any compensation. There is no deficiency in service on their part. Among these grounds, OP prayed for the dismissal of the complaint.<br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Negative<br /> Point No.2:- Negative<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. It is contended by the complainant that he opted a plan for the period 01.11.2005 to 01.11.2006 floated by the OP and took post-paid connection to his mobile. According to the complainant in the said plan his mobile call for 60 seconds will be charged only Rs.1/- and land-line call for 60 seconds OP agreed to charge Rs.1.69 in Karnataka. For this contention basically there is no proof. No such document is produced by the complainant to substantiate the said tariff and the rate.<br /> <br /> 7. It is further alleged by the complainant that OP at its whim and fancy went on creating excess bill every month. Though complainant contacted the OP to rectify the mistake it went in futile. OP started billing on the mobile and the land-line calls against tariff refer to above. Under such circumstances complainant suffered monetary loss.<br /> <br /> 8. As against this it is contended by the OP that complainant has challenged the excess billing pertaining to September 2006 by filing this complaint in October 2008. Hence complaint is barred by time. We find some substance in the defence of the OP. What made the complainant to keep mum for more than 2 years without asserting his legal rights is not known. There is no satisfactory explanation with regard to the said delay in filing the complaint. No such written correspondence is made with the OP seeking their clarification or affording an opportunity to OP to rectify the mistake if any.<br /> <br /> 9. According to OP they have raised the bill as per the tariff plan opted by the complainant and they have followed the guidelines issued by Department of Telecommunications. The allegations made by the complainant with regard to the change of tariff and excess billing has no basis, nor that allegation is supported by any document or circulars issued by the OP. Under such circumstances we find the bare and vague allegations of the complainant rather can’t be believed in a cases of like nature. Complaint appears to be devoid of merits. Claim is frivolous. There is no proof of deficiency in service on the part of the OP. Hence complainant does not deserve the relief claimed. Accordingly we answer point Nos.1 & 2 in negative and proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is dismissed. In view of the nature of dispute no order as to costs.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 06th day of December 2008.) <br /> <br /> <br /> <br /> <br /> MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> Vln* <br /> <br /> <br />