Delhi

New Delhi

CC/275/2014

Richa Jindal - Complainant(s)

Versus

M/S. Tata Teleservices Ltd. - Opp.Party(s)

15 Jul 2015

ORDER

 

 

CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/275/14                       Dated:

 

In the matter of:

MS. RICHA JINDAL

B-7/86/1, DDA FLATS,

SAFDARUNG ENCLAVE,

NEW DELHI-110029

 

                 ……..COMPLAINANT

 

VERSUS

 

M/S. TATA TELESERVICES LIMITED

TENTH FLOOR, TOWER 1

JEEWAN BHARTHI

124, CONNAUGHT CIRCUS,

NEW DELHI-110001

 

 

………. OPPOSITE PARTY

 

 

ORDER

Member :  Ritu Garodia

 

The complaint is of deficiency in service on the part of OP who continues to receive the bills from OP even after permanent disconnection of number and settlement of accounts.

Brief facts are that the complainant purchased a TATA Photon Data Card along with TATA Teleservices No.9212024995 from OP.  Complainant being unhappy with the services of OP, requested disconnection of number in question.  A settlement was reached amicably between the parties on 17.2.14 where OP agrees to permanently disconnect the phone on payment of Rs.1000/- along with waiver adjustments of Rs.416/- (letter annexed with the complaint).  The complainant was, therefore shocked and surprised to receive the phone bill again in March, 2014 which is annexed with complaint.  The complainant alleges that she started receiving threatening calls from the customer care of OP and her number is still not permanently disconnected.

OP failed to appear despite Court Notice sent to him.  On 1.8.14, OP was proceeded ex-parte.

We have gone through the pleadings and documents annexed with the complaint.  OP letter dated 7.2.14 which is captioned “full & Final letter reveals that if outstanding of Rs.1,000/- gets cleared, then complainant’s number was to be permanently disconnected.  It further shows the waiver adjustment of Rs.416/- OP bill dt. 15.3.14 reveals that Rs.1000/- was paid on 17.2.14 and Rs.416/- from previous balance + Rs. 198.63 for current charges are payable.  OP letter dt. 17.2.14 and bill dt.15.3.14 are an apparent contradiction to each other.  Once, matter has been finally settled as full and final, and after fulfillment of terms and condition of settlement there is no cogent and convincing reason for OP to generate the bill for March, 2014, which is in clear violation of settlement dated 17.2.14.  The whole action seems to have been taken by OPs in purely mechanical manner and for this internal mismanagement of OP, the complainant cannot be made to suffer.  The threatening calls made by OPs were completely unreasonable and further aggregated the trauma and anguish caused to complainant.

In our considered view and in the facts and circumstances of the complaint, we hold OP deficient and direct it

1. Permanently disconnect the said connection.
2. Award compensation Rs.5,000/- for deficiency and harassment inclusive of litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.

Copy of the order be sent to the parties free

of cost.

Pronounced in open Court on ___________.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(RITU GARODIA)

MEMBER