By Sri. M.S. Sasidharan, Member:
The complainant’s case is that he availed a mobile phone connection on 28.5.04 through the 3rd respondent. The said mobile connection had the facility of VPN of Escotel Mobile Communications. The mobile numbers allotted to the complainant were (1)9847060666 (2) 9847066777 and (3) 984706662. As per clause 3 of the agreement dt. 29.5.04 entered between the complainant and respondents-1 and 2 all calls made among the numbers of VPN will be free. So the respondents have no authority to charge a single paise for any calls made by the numbers of VPN scheme. The complainant had paid Rs.3100/- as a security deposit and one month rent in advance. But violating the terms and conditions of VPN scheme and agreement the respondents-1 and 2 had issued bills charging calls made among the numbers of VPN. The total bill amount issued by the respondent is for Rs.5576.99 and the complainant is not liable to pay the said amount. The complainant had intimated the above things to the respondents on several occasions but the issue was not settled. The respondents-2 to 4 had made several phone calls to the complainant demanding to pay the bills. The respondents had illegally adjusted Rs.3160/- paid by the complainant as a security and one month rent advance towards their improper bills. The complainant is entitled to get back it. The complainant had sent a lawyer notice on 9.8.04. But there was no reply or remedy. Hence the complaint.
2. The respondents called absent and set exparte.
3. The complainant filed affidavit and the documents produced in support to his claim are marked as Exts. P1 to P6.
4. The complainant’s case is that he had availed a mobile phone connection having the facility of VPN of Escotel Mobile Communications Ltd. The mobile numbers allotted to the complainant were (1)9847060666 (2) 9847066777 and (3) 984706662. As per clause 3 of the agreement dt. 29.5.04 entered between the complainant and respondents-1 and 2 all calls made among the numbers of VPN will be free. The respondents have no authority to charge a single paise for any calls made by the numbers of VPN scheme. The complainant had paid Rs.3100/- as a security deposit and one month rent in advance. But violating the terms and conditions of VPN scheme and agreement the respondents-1 and 2 issued bills charging calls made among the numbers of VPN. The total bill amount issued by the respondent is Rs.5576.99. The complainant is not liable to pay the bill. The respondents also adjusted Rs.3100/- the amount paid by the complainant as security deposit towards these bills. The complainant is entitled to get back it. Ext. P3 is the VPN enrollment form. It is stated under clause 3 that calls made between members of the VPN (Mobile numbers listed above) will be free. Ext. P4 is the bills issued by the respondents. Bills are seen issued in respect of calls made through the mobile numbers allotted to the complainant. This is against the conditions laid under clause 3 of Ext. P3. So the respondents have no right to adjust the amount paid by the complainant as security deposit towards the bills issued against the agreement made between the complainant and the respondents.
5. There is no evidence to the contrary.
6. In the result the complaint is allowed and the respondents are directed to pay Rs.3100/- (Rupees three thousand and one hundred only), the amount illegally adjusted towards the bill together with Rs.5000/- (Rupees five thousand only) as compensation and Rs.500/- (Rupees five hundred only) as cost within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 25th day of January 2011.
