BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 146/2008 Filed on 03.07.2008

Dated : 30.03.2009

Complainant:

Valsalakumari. L, Kunnumpurathu Veedu, Near Chamundi Devi Temple, Peroorkada P.O, Thiruvananthapuram.

(By adv. J. Mohanan Nair)

Opposite parties:

1. The Managing Director/Manager, Tata Telecom Service Ltd., Regional Office, 10^th Floor, Tower-I, Jeevan Bharathi 124, Cannaught Circus, New Delhi-1.

2. The Manager, Customer Care Service, Tata Tele Service, SL Plaza, Cochin-23.

3. The Customer Care Manager, Tata Tele Service Ltd., Razaji Plaza, Sreekariyam P.O, Thiruvananthapuram.

(By adv. T.L. Sreeram)

4. Manager, Tata True Value, Kairali Complex, Thakaraparambu Road, Thiruvananthapuram.

This O.P having been heard on 18.02.2009, the Forum on 30.03.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Facts of the case are as follows: The complainant in this case is a real estate agent. For her business purpose, she had taken a mobile connection with mobile No. 9249418780 from the opposite parties, the Tata Telecom Services Ltd. The complainant has paid Rs. 5,200/- for the handset alone which can be used only with the Tata Indicom connection. The complainant had been running her real estate business which is the only source of her income, using the said mobile phone number. On 06.03.2008 the complainant had remitted Rs. 900/- towards phone bill at the 1^st opposite party's outlet of 4^th opposite party at Kairali Complex vide receipt No. 3001. On 16.03.2008, the 1^st opposite party has disconnected the service to the complainant's phone though there was no dues towards the bills. The complainant contacted all the customer care service centre of the 1^st opposite party about the reason for the disconnection. All the opposite parties informed the complainant that the phone service was disconnected due to non-payment of pending bills. The complainant had to run from one outlet to another of the 1^st opposite party with all the records and receipts of the up-to-date payment of the phone bill and also begged to reconnect the service. The mobile phone was the only one media of communication and contact to hundreds of the customers of the complainant. Instead of looking into the complaint and redress the grievance of the complainant, the opposite parties humiliated and harassed the complainant. Due to the irresponsible service of the opposite parties the complainant has lost the contact with so many customers and she has lost two business from where the complainant would have earned Rs. 50,000/- as commission. Complainant states that she has to incur and suffer loss, mental pain, suffering, humiliation and insult because of the irresponsibility and dereliction of duties from the side of the opposite parties. The complainant also stated that after 16.03.2008 she has not used the phone, but the opposite parties are sending bills to the complainant. Hence this complaint.

The opposite parties in this case remained exparte. Complainant has filed proof affidavit and she was examined as PW1. Complainant has produced 7 documents to prove her case. The documents were marked as Exts. P1 toP7.

Points that would arise for consideration are:-

1. Whether there is deficiency in service or unfair trade practice from the side of opposite parties?

2. Reliefs and costs.

Points (i) & (ii):- The case of the complainant is that she has paid the phone bills duly, but the opposite parties disconnected the service for the reason that the complainant has not paid the bills correctly. To prove her allegation against the opposite parties, the complainant has produced 7 documents. The document marked as Ext. P1 is the copy of bill dated 21.03.2008. Ext. P2 is the copy of the receipt No. 3001 dated 06.03.2008 for Rs. 900/-. Ext. P3 is the copy of complaint sent to the opposite parties relating to unauthorized disconnection. Ext. P4 is the copy of postal receipts. Ext. P5 is the copy of lawyer's notice. Ext. P6 is the copy of postal receipt. Ext. P7 is the copy of acknowledgement cards.

Ext. P2 receipt shows that the complainant had paid the phone bill of Rs. 900/- on 06.03.2008, but the opposite parties disconnected the connection on 16.03.2008 for the reason that the complainant has not paid the bill. This act of the opposite party proves their irresponsibility and negligence. The deficient service of the opposite parties caused huge financial loss and mental agony to the complainant. Since the complainant has paid the bills correctly the opposite parties should render their service promptly. The opposite parties' negligent and deficient services caused so many problems in her business. Hence the opposite parties are liable for their deficient service and unfair trade practice. Hence the complaint is allowed.

In the result, the opposite parties are directed to pay Rs. 3,000/- (Rupees three thousand only) as compensation to the complainant. This Forum direct the opposite parties not to collect any amount from the complainant towards any bill subsequent to disconnection. The opposite parties are directed to pay Rs. 1,500/- (Rupees one thousand five hundred only) as costs. Time for compliance one month and thereafter 12% annual interest shall also be paid to the above said amounts till the date of realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30^th March 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

C.C. No. 146/2008

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - L. Valsala Kumari

II COMPLAINANT'S DOCUMENTS :

P1 - Details of current charges dated 21.03.2008.

P2 - Copy of temporary receipt No. 3001 dated 06.03.2008.

P3 - Copy of letter dated 18.03.2008 sent to opposite parties.

P4 - Copy of postal receipt.

P5 - Copy of letter dated 25.03.2008.

P6 - Copy of postal receipt dated 26.03.2008.

P7 - Copy of acknowledgement card.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT