By Sri. K. Gheevarghese, President.<br /> <br /> <br /> <br /> The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> <br /> The sum up of the complaint is as follows.<br /> <br /> The Complainant is the subscriber of a Wireless Phone, availed the connection on 28.02.2005 with the Phone No. 04936 309741. Towards the installation of the phone the Opposite Party received from the Complainant Rs.3,000/- and the rent agreed to be paid was Rs.150/- per month.<br /> <br /> 2. The Telephone was almost in working condition for the period of 3 months after<br /> Contd...2)<br /> 2<br /> installation. The Complainant paid the bill amount without any failure. After 3 months the telephone was not in working condition and it was also informed to the Opposite Party. The Opposite Party was not responding to the complaint. Afterwards a notice was sent to the Opposite Party on 3.6.2005 showing those reasons. On accepting the notice, the Opposite Party had not sent any reply and the defects were not rectified. Though the telephone instrument was not working bills were regularly sent to the Complainant. The Complainant entered in to an agreement for the installation of the telephone of the Opposite Party in order to facilitate the business dealing of the Complainant. The non function of the telephone caused the Complainant heavy loss and hardships. There may be an order directing the Opposite Party to disconnect the telephone facility given by the Opposite Party to the Complainant. The Complainant is to be compensated with Rs.50,000/- along with cost.<br /> <br /> 3. The Opposite Party filed version on their appearance. The telephone connection with No.04936 309741 is admittedly given to the Complainant on 28.02.2005. At the time of availing connection, the Complainant had given Rs.800/- as activation charge and the depositfof Rs.1,000/- was received by the 2nd Opposite Party. The rent agreed is Rs. 150/- per month. The averment in the complaint that after the installation of the telephone for a period of 3 months, the Complainant had not remitted the amount of the bill correctly. The 3rd bill was not completely remitted by the Complainant. The balance amount of Rs. 25/- due from the Complainant which was included in the 4th bill. The Complainant is a defaulter of the 4th and 5th bills. After informing the Complainant in S.M.S outgoing services from the telephone and it was detached on 04.07.2005. No service termination request was given by the Complainant to the Opposite Party. The complaint is not maintainable and it is to be dismissed with cost to the Opposite Party.<br /> <br /> 4. The points in consideration are.<br /> <br /> 1.Is there any deficiency in service on the part of the Opposite Parties ?<br /> 2.Relief and cost.<br /> 3<br /> <br /> 5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1, Ext.A1 to A6 are marked to substantiate the contention of the complaint. The case of the complaint is that the telephone connection which was given to the Complainant by the Opposite Party became non functional after 3 months. The complainant had been paying the telephone bills without any failure for the first 3 months. The defects of the telephone connection was not rectified even after repeated demands. The Opposite Party contended that the Complainant is a defaulter of the subscription amount. No oral evidence is tendered by the Opposite Party. Ext.B1 to B5 are marked to support the contention of the Opposite Party. More over the Complainant had not requested for the termination of the telephone connection. It is deposed by the Complainant that the amount in 3 bills were remitted by them. The Ext. B4 and B5 are the bills sent to the Complainant and amount demanded as per the Ext.B4 and B6 are not remitted. However in order to discontinue the telephone connection served by the Opposite Party, the instrument installed was not given back. Ext.A2 is the letter sent by the Complainant to the 1st Opposite Party which is the request of the Complainant to disconnect the telephone connection and it is dated 3.06.2005. The Complainant was sent the bills by the Opposite Parties even after the intimation of the Complainant to disconnect the service of telephone connection. <br /> <br /> 6. According to the Complainant and Opposite Parties the bills for the 3 months were remitted by the subscriber. Ext.B1 is the statement of account. The bill dated 5.3.2005 includes the statement of accounts and it is for the period from 28.02.2005 to 04.03.2005. Ext.B2 is the bill for the duration from 05.03.2005 to 04.04.2005. The Opposite Party issued the telephone bills to the Complainant for the period up to 04.06.2005 . On perusal of the documents Exts.B1 to B5, it is seen that the Complainant was in use of the telephone for the entire period. Ext.B5 also shows that the subscriber had in use of the telephone for local and STD calls and voice call charge as per the<br /> Contd.......4)<br /> 4<br /> Ext.B5 is Rs.50.40. The Opposite Party admitted that the rent of the telephone agreed is Rs.150/- per month. Where as in Ext.B3 to B5 the monthly charges showed in the bill are more than Rs.150/- there is no specification in the bill as rent of telephone. Rs.800/- is collected towards the activation charge and Rs.1,000/- is under the head of deposit. The contention of the Complainant that he is not in use of the telephone is in consistent with the evidence of the documents produced by the Opposite Party. The Complainant was in use of the telephone even for the period in which it is claimed that the telephone was not working. Any how the request of the Complainant to disconnect the service is not positively attended by the Opposite Party and notice sent by the Complainant to disconnect the telephone connection is not responded . From the above inferences it is found that there is deficiency in service of the Opposite Party and the point No.1 is found accordingly. <br /> <br /> 7. Point No.2:- The Opposite Party collected Rs. 800/- from the Complainant towards the activation charge which is not refundable. The Opposite Party also collected the deposit of Rs.1,000/- for the installation of the telephone. The Complainant had not seen remitted the amount in the bills Ext.B4 and B5, which includes the telephone bill from 5.5.2005 to 4.07.2005. During this period the subscriber was in use of the telephone. The charges detailed in this 2 bills in total comes Rs.657.55. The bills includes the monthly charges voice usage charges and others. There is no specification in the bill under the head of rent instead it is written as monthly charges. The monthly charges in the bill dated 5.6.2005 is Rs.300/- which is in excess of Rs.150/- as agreed as the monthly rent and in the bill dated 5.7.2005 the monthly charge which is shown is Rs.250/-, there is an excess charge in the head of monthly charges of Rs. 250/-. The Opposite Party has not shown any reason in the hike of monthly rent or monthly charges. The Opposite Party is entitled to deduct from the deposit amount Rs.408/-, the actual bill payable by to the Complainant. The monthly charges in Ext.B4 and B5 are to be collected according to the admitted rent which is Rs.150/- per month. The Complainant's<br /> Contd......5)<br /> 5<br /> telephone connection of the Opposite Party is to be disconnected and the Complainant is also directed to give back the telephone instrument to the Opposite Party. The opposite Party has to give Rs.582/- the balance amount in the deposit due to the Complainant along with cost. <br /> <br /> In the result the complaint is partly allowed. The Complainant is directed to give back the telephone instrument to the Opposite Party and the Opposite Party is directed to refund Rs.582/- (Rupees Five hundred and Eighty Two only) to the Complainant when the telephone <br /> instrument is given back. The Complainant is also entitled for the cost of Rs.500/- (Rupees Five hundred only) from the Opposite Party. This is to be complied within one month from the date of this order.<br /> <br /> Pronounced in open Forum on this the 30th day of June 2008.<br /> <br /> PRESIDENT: Sd/-<br /> <br /> <br /> MEMBER-I : Sd/-<br /> <br /> <br /> MEMBER-II: Sd/-<br /> /True copy/<br /> <br /> Sd/-<br /> PRESIDENT, CDRF, WAYANAD.<br /> <br /> APPENDIX:<br /> <br /> Witness examined for Complainant:<br /> PW 1 Muhemmed Basheer Complainant <br /> Witness examined for opposite parties:<br /> Nil<br /> Contd.....6)<br /> 6<br /> Exhibits marked for complainant <br /> A1 Series Receipt<br /> A2 Copy of notice Dt. 3.6.05<br /> A3 Photo copy or AD Card<br /> A4 Series Copy of notice Dt. 23.8.05<br /> A5 Copy of notice Dt. 3.6.05<br /> A6 AD Card and postal receipt<br /> Exhibits marked for opposite party.<br /> B1 copy of Statement of Account<br /> B2 Bill from 5.3.2005 to 4.4.2005<br /> B3 Series Bill from5.4.2005 to 4.5.2005<br /> B4 Series Bill from 5.5.2005 to 4.6.2005<br /> B5 Bill No. from 5.6.2005 to 4.7. 05<br />