DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD Dated this the 18th day of September 2009.
Present : Smt. H. Seena, President
: Smt. Preetha.G. Nair (Member) : Smt. Bhanumathi.A.K. (Member) C.C.No.77/2008 K.P. Narayanan Mini Nivas Edathanattukara Post Via Alanellur Palakkad District (Party in person) - Complainant
V/s 1. M/s. The Escotel IDEA Cellular Ltd Mercy Estate Ravipuram M G Road Kochi (Adv T.S. Sunil) 2. The Manager The Idea Escotel showroom Nellippuzha Mannarkkad Palakkad - Opposite Parties
O R D E R By Smt. A.K. Bhanumathi, Member Complainant availed a post paid mobile phone connection from the opposite party by paying an amount of Rs.932/- towards activation charges and Rs.500/- as deposits. Cell Number is 9847410736. The opposite party charged additional deposits and Rs.200/- for issuing an additional sim card free of activation charges for the holder of post paid cell phone. During the period of 21.11.07 to 21.3.08 the average bill amount was Rs.449/- only. But the bill dated 21.04.2008 and 21.05.08, the bill amount has been shoot upto Rs.740/- and 785.96 respectively. On receipt of the bill dated 21.04.2008 the complainant sent a registered letter on 05.05.2008 requesting 2nd Opposite party to furnish the details of the usage charges. This letter was received on 07.05.2008 as per acknowledgement, but the opposite party did not turn up. Out of Rs.740/-, complainant paid Rs.600/-. The bill dated 21.05.08 was also for an exhorbitant amount. The claim was for Rs.785.96 and the balance - 2 - of Rs.137.21. The grand total was Rs.923.17. The complainant paid Rs.600/-. After paying this amount, complainant sent a fax and a registered letter in which he requested to refund the deposit including the additional deposits and stated that he has decided to discontinue the IDEA connection within 15 days of receipt of the letter. The opposite party neither refunded the deposit nor send any reply. On the other hand barred the out going calls with effect from 22/06/2008. Due to the act of the opposite partie , complainant suffered mental agony. So the complainant approached the forum seeking an order directing the opposite party to pay an amount of Rs.10,000/- as compensation.
Complaint was admitted. Opposite parties notice served. 2nd opposite party was absent. Hence name called and set exparte. Ist Opposite party filed version with following contentions.
It is true that the complainant was allotted number 9847410736 on 24/11/2003. Later on 14th February, 2008 the customer has taken an additional connection bearing number 9744075236. But it is not true to say that the opposite party has charged additional deposit of Rs.200/-. Another contention raised by the opposite party is that as per request from number 9847410736, the plan was changed to easy 500 where in the rent itself will be Rs.500/- and the customer can enjoy Rs.500/-, local and STD calls. The add on connection were being charged Rs.125/- rental. Then the rental itself for the month of April 2008 has come to Rs.625/-. Another contention of the opposite party is that it is not correct to say that the opposite party has not provided the detailed bill as requested by the complainant. The details was provided along with the bill dated 21.06.2008. Since the customer did not clear the bill dues even after the due date, the Ist opposite party has send an SMS for making payment of the due amount and intimating the complainant that the connection will get barred for non payment of the dues. The complainant did not care to pay the due amount even after repeated intimations and on 8th July 2008, the connection was temporarily barred and later on 6th September, 2008, the same was disconnected permanently. There is no deficiency in service on the part of the opposite party. So the complaint is liable to be dismissed with compensatory cost of the opposite party. - 3 - Complainant filed affidavit and Exhibit A1 to A2 are marked. Opposite party did not file any affidavit. No documentary evidence on the side of Opposite party.
Matter was heard. The specific case of the complainant is that during the period of 21/11/2008 to 21/03/2008, the average bill amount was Rs.449/- only. Bills produced and marked as Exhibit A1 series. But in the bill dated 21/4/08 and 21/05/08, the bill amount has been shoot up to Rs.740.11 and 785.96 respectively. Complainant made part payment of Rs.600/- each towards those bills. On receipt of the disputed bills, complainant requested the opposite party to furnish detailed bill through registered letter dated 05/05/08(Exhibit A2 series). Opposite parties did not turn up. The complainant requested to refund the deposit including the additional deposits and disconnect the IDEA system within 15 days through letter dated 04/06/2008 (Exhibit A2 series). But the opposite parties did not sent any reply. The out going calls was also barred with effect from 22.06.2008.
The say of the Opposite party is that as per the request from number 9847410736 the plan was changed to easy 500 where the rent itself will be Rs.500/- and the customer can enjoy Rs.500/- local and STD calls. The add on connection were being charged for Rs.125/- rental. So the rent itself for the month of April 2008 has come to Rs.625/-. Opposite party also states that they provided the detailed bill along with the bill dated 21.06.2008. Since the customer did not clear the bill dues even after the due date and even after repeated intimation, the connection was temporarily barred on 8th July 2008 and later on 6th September 2008, the same was disconnected permanently. Ist Opposite party has not filed any affidavit nor adduced any documentary evidence in support of the contentions raised in the version. From the above discussions, we are of the view that the act of Opposite parties amounts to deficiency in service on their part.
In the result complaint allowed. The opposite parties are jointly and severally directed to pay an amount of Rs.3,000/- as compensation for mental agony and Rs.1000/- for cost of the proceedings. Order shall be complied within one month from the date of receipt of - 4 - order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realization.
Pronounced in the open court on this the 18th day of September , 2009
PRESIDENT (SD)
MEMBER (SD)
MEMBER (SD) APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 series– Bills of idea dated 21/11/2007 Ext. A2 series – Copy of registered letter dtd 05/05/08
Exhibits marked on the side of the Opposite Party Nil Forums Exhibits
Nil
Costs Allowed. Forwarded/By Order
Senior Superintendent
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
