Punjab

Fatehgarh Sahib

RBT/CC/850/2018

Subhash Suri - Complainant(s)

Versus

Quadrant Televentures Ltd. - Opp.Party(s)

In person

30 Aug 2022

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                                                       RBT/CC/850/2018

CC/850/2018

                                                                             Date of Institution: 14.08.2018

                                                                             Date of Decision:   30.08.2022

 

 Subhash Suri, R/o 2709-B, Sector 70, Mohali-160071, Mb:8146739099.

                                                                                                                    …………....Complainant(s)

                                               

                                                     Versus

 

Quadrant Televentures Ltd., B-71, Phase-VII, Industrial Focal Point, Mohali, 160055

       …………....Opposite Party(s)

 

Complaint under  Section 12 of the Consumer Protection Act 1986

Quorum: Sh. Pushvinder Singh, President

                Ms.Shivani Bhargava, Member

                Sh. Manjit Singh Bhinder, Member

 

 

Present: Complainant in person(through VC)

               Sh. Karun Kumar, Counsel for OP

         

Order By

Shivani Bhargava, Member

 

1.                   The present complaint has been filed by the complainant (hereinafter referred to as ‘CC’) against the opposite party (hereinafter referred to as “OP”) with a prayer to direct the OP to pay a sum of Rs.50,000/-  towards compensation for mental and physical harassment. CC also seeks Rs.40,000/- for loss of work and Rs.10,000/- towards litigation expenses.                    
2.                    The CC has filed the present complaint stating that he was using Connect Broadband Services from July, 2009 till October 2016 with an account No.1906072 and always paid the tariff and cleared all dues in time. On 31.10.2016, CC requested for permanent disconnection of above-cited connection and the connection was disconnected and billing was stopped as confirmed by OP through email dated 03.11.2016. Even after the full and final settlement of dues, OP continues to raise bills for the aforesaid connection and generated an outstanding of Rs.4936/-. In the first week of September 2017 the CC received a notice for appearance in the Lok Adalat on 09.09.2017 and Lok Adalat instructed the OP to immediately withdraw the case as there was no outstanding due on the part of the CC. The CC has requested to pass an order to direct the OP to immediately stop sending recovery agents, calls and messages to the CC and direct the OP to tender a written apology. He has also claimed compensation of Rs.50,000/- for causing mental harassment and claimed compensation of Rs.40,000/- for loss of work. CC also claimed Rs.10000/- for cost of litigation.          
3.                           On notice, OP appeared and filed a reply to the complaint/version stating that this complaint has been filed with mala fide intention and the CC has supressed material facts from this Commission. The connection of CC was disconnected but the outstanding amount was due against the CC and CC also did not return the equipment installed and lying in the custody of the CC. The OP has admitted that the matter was taken up before the Lok Adalat. The OP has denied all other allegations and prayed for dismissal for the complaint with cost. In order to prove this case, CC has proved copies of emails as Ex.C-1 and Ex.C-2, copy of screenshot of SMS as Ex.C-3, copy of summon issued by Civil Judge (Jr. Division) Mohali for taking up the case of the CC with regard to his account number 1906072  in the Lok Adalat held on 09.09.2017. He also produced a copy of order passed by the Lok Adalat dated 09.09.2017 as Ex.C-5. On the other hand OP did not lead any evidence.
4.                    We have heard the counsels for the parties and  also gone through the file. 
5.                     Undisputedly the CC was using Connect Broadband services with account number 1906072  w.e.f. July, 2009 and on 31.10.2016, CC requested the OP to disconnect the abovesaid connection. The CC has alleged that he paid full and final settlement of dues and nothing was due against him. But the OP raised the bills in spite of disconnecting of the connection. The OP has not denied the existence of connection and disconnection of the connection. But the OP has alleged that on disconnection of the connection the CC is under an obligation to return the equipment installed and lying in the custody of the CC. The OP has also admitted that the matter was taken up before the Lok Adalat. The copy of summon issued by the Lok Adalat and order passed by the Lok Adalat are very much important document in the present complaint. The case of the CC of account number 1906072 regarding claim of Rs.4936/- was taken up before the Lok Adalat held on 09.09.2017 in the Civil Court, Mohali. The claim was filed by the OP and the notice was issued to the present complainant to appear before the Lok Adalat. On 09.09.2017 the matter was taken up in the Lok Adalat where the authorized signatory of the OP certified that they have received Rs.”Zero” “already paid” as full and final settlement against the dues of account number 1906072 of Sh. Subhash Suri and on this certification the Lok Adalat passed an order on the same day i.e. dated. 09.09.2017 that the claimant has withdrawn the claim as the same has already been paid.  When the OP has already withdrew its claim that the claim amount has already been paid then the OP or any other representative on this behalf has no right to demand any other amount from the CC. So far as the claim of equipment is concerned if any, the OP has not given any detail of the said equipments even before the Lok Adalat no claim regarding equipment was made by the OP. Accordingly, the complaint is liable to be allowed.
6.                             In view of our aforesaid discussions, the complaint is allowed and the OP is directed not to raise any demand from the CC with regard to the connection number 1906072. The CC was compelled by the OP to file this complaint as such the CC is also entitled to the litigation expenses and is also entitled for some compensation on account of mental and physical harassment. Accordingly, the OP is directed to pay Rs.5000/- towards compensation for mental and physical harassment and Rs.5000/- for cost of litigation. Compliance of this order be made by the OP within a period of 45 days on receipt of certified copy of this order. The copy of this order be provided to the CC and OP free of cost. File be indexed and consigned to record room.
7.  

30.08.2022                                                               (Pushvinder Singh)

                                                                                     President

 

 

    (Manjit Singh Bhinder)

                                                                                                     Member

 

               

                                                                            (Shivani Bhargava)

   Member