By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act to direct the opposite party to pay the cost and compensation due to the unfair trade practice.
2. Brief of the complaint:- The complainant was a consumer of opposite party for somany years using the phone number 9633221920 as post paid connection and he was using the plan of 1299 and internet facility also availed at that time. But he was not used the internet connection after changing his 1299 scheme and after using his new mobile in June 2015 of that mobile was a base model handset of Nokia. In the said phone set no internet facility is available. He has changed his plan from 1299 to 199 because of the more charge than that of the actual usage. The same day when the plan was changed within one hour a bill for Rs.4,990/- was charged and so the complainant approached the customer care at Kalpetta and shown his hand set also and requested he don't want internet facility in the number. So the opposite parties stated that it will not be there in the next bill. But when the bill of September received where the charge of Rs.7,999.65/- is shown but it was unused bill. When it is complained to opposite party, the opposite party said that the complainant used 4.7 GB internet but the complainant did not use the internet at that time, but the opposite party is telling that he should remit the full amount. So again the complainant approached the opposite party No.2 and met Mr. Chandra Venugopal who is the Manager of Kottaram communications, Kalpetta and revealed the problem but he was telling one or other lame excuses, and again directed to remit the bill amount. Thereafter the complainant contacted the Area Manager and revealed the issues but he also not ready to hear his grievances and directed the complainant to remit the amount, otherwise they will file case against the complainant. Thereafter the complainant approached the opposite party No.2 to explain the issues but they have not hear the complainant and disconnected his phone connection. So his job of PWD Contractor work is blocked and loss the details of tender and other works. So thereby he caused a loss of above Rs.3 lakh. And when the complainant approached the opposite party No.2 again they shouted against him and told to file case if there is any grievances and blame the complainant. Hence the complainant prayed before the Forum to direct the opposite parties to reconnect his connection and to pay Rs.3 lakh as compensation.
3. Notices were served to opposite parties but they not entered appearance. Hence they declared ex-parte on 15.11.2015.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1, A2 and MO-1 were marked. Ext.A1 is the Bill issued by the opposite party to the complainant dated 10.10.2015 from the period 10 September 2015 to 9 October 2015 for Rs.7,996.65/-. Ext.A2 is the bill issued by the opposite party to complainant dated 10.08.2015 from the period 10 July 2015 to 9 August 2015 for Rs.3,282.15/-. MO-1 is the mobile phone.
5. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the side of opposite parties?
2. Relief and cost.
6. Point No.1:- Since all opposite parties were declared ex-parte, heard the complainant in detail and the Forum perused the complaint and documents and after overall evaluation of the evidence, we found that there was a clear deficiency of service and unfair trade practice from the side of opposite parties. Hence the Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite parties, they are jointly and severally liable to reconnect the phone connection of the complainant and to pay cost and compensation and the complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite parties are jointly and severally directed to reconnect the phone connection of the complainant bearing No.9633221920 within one week from the date of receipt of this Order and also directed to cancel the bill for Rs.7,996.65/- and for Rs.3,282.15/- for the period July 2015 to October 2015 and also directed to pay Rs.5,000/- (Rupees Five Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings within 30 days from the date of receipt of the Order. Failing which the complainant is entitled for an interest at the rate of 12% per annum for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28th day of November 2015.
Date of Filing:14.10.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Libin John (Affidavit). Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Bill. Dt:10.10.2015.
A2. Bill. Dt:10.08.2015.
MO-1. Mobile Phone.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
