<br /> Date of filing : 14-08-2007<br /> Date of Order : 19-09-2008<br /> <br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD<br /> CC.No.48/07<br /> Dated this, the 19th day of September 2008<br /> PRESENT<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> Balakrishnan.P,<br /> Welcome Studio, Opp: Bus stand } Complainant<br /> Kanhangad.<br /> <br /> <br /> The Manager,<br /> Idea Mobile Communications, } Opposite party<br /> Near Indus Motors,<br /> Puthiyakotta, Hosdurg,<br /> Po. Kanhangad.<br /> <br /> O R D E R <br /> SRI.K.T.SIDHIQ,PRESIDENT<br /> <br /> <br /> Complaint bereft of unnecessaries is that the complainant, Balakrishnan availed an Idea Mobile pre-paid connection from opposite party, the Idea Mobile Communication. He later converted it to post paid connection seeing the advertisements in the newspaper about the benefits if a prepaid connection is converted to post paid facility. But as against the advertisement he received the bills which was not according to his actual usage. Hence he did not pay the bill and thereafter two officers of Idea Mobile office situated at Kannur approached him on 15-05-07 and asked him to settle the bill for Rs.588/-. It was thus settled and Balakrishnan paid Rs.500/- on the spot. On 29-05-07 he paid the balance Rs.88/- and thus closed the account. Even after the closure of account he was served with demand notice and also lawyer notice claiming the aforesaid amount. When he enquired in the office of idea mobile communications they told that it is a mistake due to the error in the computer and there is no dues from him and they instructed him to ignore that notice. Again he was served with lawyer notice demanding the said amount. Hence the complaint claiming compensation of Rs.25000/- for the loss hardship and mental agony caused to him. <br /> 2. Notice by Registered post to Manager, Idea Mobile Communications, Puthiyakotta, Kanhangad (Post) was issued on 17-07-08. But they did not turn up. Hence the opposite party was set exparte.<br /> 3. Complainant tendered evidence as PW1 and Exts A1 to A4 marked. Complainant testified in tune with the complaint.<br /> 4. The grievance of Balakrishnan is that he caused much mental agony due to the repeated lawyer notices served on him which is marked as Exts A4 and A5. Exts A1 to A3 proves that no amount is pending due from him to Idea Mobile Communications. The issuance of notices demanding already paid bills itself cause embarrassment to a consumer. When the illegal demand is through lawyer notices a law abiding common man will subject to much mental agony. Balakrishnan deposed that he subjected to mental sufferings on receipt of lawyer notices. Repeated claim for paid bills, through lawyer notices certainly amounts to gross deficient service on the part of Idea Mobile Communications. Hence they are liable to compensate Balakrishnan adequately.<br /> 5. As settled by the Hon’ble Supreme Court in the case of Charansingh v. Healing Touch Hospital reported in (2000) 7 SCC 668 compensation awarded, not only serves the purpose of recompensing the individual, but which also aims to bring about a qualitative change in the attitude of the service provider.<br /> 6. We hold that this is a fit case to award compensation to Balakrishnan for unnecessarily putting him under mental agony by issuing legal notices claiming amounts which is not due.<br /> Therefore, we allow the complaint and Idea Mobile Communications represented by its Manager, Near Indus Motors, Puthiyakotta, Hosdurg, Po. Kanhangad is directed to pay Rs.3000/- towards compensation to Balakrishnan along with a cost of Rs.1000/- within 30 days from the date of receipt of copy of order. Failing which on application by the complainant proceedings U/s.25& 27 of Consumer Protection Act will be initiated.<br /> Sd/- Sd/- Sd/-<br /> MEMBER MEMBER PRESIDENT<br /> Exts.<br /> A1. 10-04-2007 Summary of charges for Cellular No.9947338959.<br /> A2. 15-05-07 Cash receipt.<br /> A3.29-05-07 Cash receipt.<br /> A4. 01-06-07 Lawyer notice.<br /> A5. 08-10-2007 reply notice.<br /> PW1. Balakrishnan.P.<br /> <br /> Sd/- Sd/- Sd/-<br /> MEMBER MEMBER PRESIDENT<br /> Pj/ Forwarded by order<br /> <br /> SENIOR SUPERINTENDENT<br /> <br />