Order dictated by:

Ms. Rachna Arora, Member

1.       Mr.Tejpal Singh Sandhu has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that   he was having one telephone connection having connection No. 0183506034 connect. The said connection bearing No. 0183-5060304 was no longer required by the complainant as he was disappointed with the poor services of the opposite party. The complainant as such, requested the opposite party to disconnect the said telephone connection. On 13.4.2016, opposite party took back its handset and other equipments and settled the account with the complainant at Rs. 2000/- and the account was closed with the opposite party after clearing all dues of the opposite party. It is pertinent to mention over here that opposite party gave waiver of Rs. 2159/- to the complainant on account of non performing services and acknowledged the same in writing. Thereafter the opposite party through their recovery agents  started  making threatening calls  through telephone Nos. 09555960665, 08195066829 and 08427621765 to the complainant to pay  Rs. 2150/-. The said recovery agents of the opposite party on 17.8.2016 visited the house of the complainant  and started abusing the complainant and his family and the complainant to avoid any mishap paid Rs 2150/- to them under threat. The said act of the opposite party amounts to deficiency in service, unfair trade practice  and is not sustainable in the eyes of law . The complainant has sought for the following reliefs vide instant complaint:-

(a)     Opposite party be directed to refund Rs. 2150/- alongwith interest @ 12% p.a. from 17.8.2016 till realization ;

(b)     Compensation to the tune of Rs. 40000/- alongwith adequate litigation expenses may also be awarded to the complainant.

Hence, this complaint.

2.       Upon notice, opposite party appeared and filed written version in which it was admitted that  telephone connection bearing No. 01835060304 was installed at the residential address of the complainant.. It was also admitted that the said telephone connection was got disconnected on 13.4.2016 after taking payment of Rs. 2000/- from the complainant.  It was submitted that  on 13.4.2016 complainant approached the opposite party and requested  to disconnect the telephone connection . At that time an amount of Rs. 4159/- was payable by the complainant but the complainant had only deposited Rs. 2000/-  with the opposite party  and had asked for waiver of remaining amount which the opposite party has refused to the complainant.  No such waiver of Rs. 2159/- was ever given by the opposite party to the complainant. It was denied that opposite party through their recovery agents started giving threatening calls to the complainant  to pay Rs. 2159/-. Since there was outstanding amount of Rs. 2159/- in the account of the complainant  and said amount was rightly demanded  from the complainant by the opposite party. It was submitted that to recover the amount from the complainant, it is possible that any employee of the opposite party made calls to the complainant and has gone to the address of the complainant to recover the genuine amount. It was denied that to avoid any mishap, the complainant has paid Rs. 2150/- to them under threat. While denying and controverting other allegations, dismissal of complaint was prayed.

3.       In his bid to prove the case complainant tendered into evidence his duly sworn affidavit Ex.C-1, copies of receipts Ex.C-2, C-3 and Ex.C-4, copy of subscriber’s detail Ex.C-5, copy of receipt Ex.C-6, copy of bill Ex.C-7, copy of receipt Ex.C-8  and closed his evidence.

4.       To rebut the aforesaid evidence Sh.Mohan Arora,Adv.counsel for the opposite party tendered into evidence duly sworn affidavit of ShAshwinder Singh Ex.OP1, copy of waiver history Ex.OP2, copy of bill payment history Ex.OP3 and Ex.OP4, copy of special power of attorney Ex.OP5 and closed the evidence on behalf of the opposite party.

5.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

6.       Ld.counsel for the complainant has reiterated the facts narrated in the complaint and has submitted that complainant was having one telephone connection having connection No. 0183506034 connect. It was the case of the complainant that the said connection bearing No. 0183-5060304 was no longer required by the complainant as he was disappointed with the poor services of the opposite party, as such the complainant requested the opposite party to disconnect the said telephone connection. On 13.4.2016, opposite party took back its handset and other equipments and settled the account with the complainant at Rs. 2000/- and the account was closed with the opposite party after clearing all dues of the opposite party, copy of payment receipt of Rs. 2000/- accounts for Ex.C-2 on record.  The complainant has alleged  that opposite party gave waiver of Rs. 2159/- to the complainant on account of non performing services and acknowledged the same in writing. Copy of disconnection/retention form giving waiver of Rs. 2159/- is Ex. C-5 on record.  But however, the  opposite party through their recovery agents  started  making threatening calls  through telephone Nos. 09555960665, 08195066829 and 08427621765 to the complainant to pay  Rs. 2150/-. In this regard complainant has placed on record detail of telephone numbers Ex.C-8 on record. The said recovery agents of the opposite party on 17.8.2016 visited the house of the complainant  and started abusing the complainant and his family and the complainant to avoid any mishap paid Rs 2150/- to them under threat. Copy of payment receipt of Rs. 2150/- is placed on record Ex.C-3.  Ld.counsel for the complainant submitted that all this amounts to deficiency in service.

7.       On the other hand  opposite party has repelled the aforesaid contentions of the complainant on the ground that  on 13.4.2016 complainant approached the opposite party and requested  to disconnect the telephone connection .  It was submitted that at that time an amount of Rs. 4159/- was payable by the complainant but the complainant had only deposited Rs. 2000/-  with the opposite party  and had asked for waiver of remaining amount which the opposite party has refused to the complainant.  It was further submitted that no such waiver of Rs. 2159/- was ever given by the opposite party to the complainant. It was denied that opposite party through their recovery agents started giving threatening calls to the complainant  to pay Rs. 2159/-. Since there was outstanding amount of Rs. 2159/- in the account of the complainant  and said amount was rightly demanded  from the complainant by the opposite party.. Ld.counsel for the opposite party has prayed for dismissal of the complaint.

8.       But however, from the appreciation of the facts and circumstances of the case, it becomes evident that the telephone connection bearing No. 01835060304 was disconnected by the opposite party on 13.4.2016 and the reason for disconnection was  mentioned “due to technical issue not resolve”. As such a settlement was made between the complainant and the opposite party and the complainant made payment of  Rs. 2000/-  and a waiver of Rs. 2159/- was given to the complainant and the account was closed with the opposite party after clearing all dues of the opposite party. In this regard complainant has placed on record copy of disconnection/retention form giving waiver of Rs. 2150/- by the opposite party to the complainant as Ex.C-5 on record.  But, however thereafter the opposite party through their recovery agents started giving threatening calls to the complainant  to pay Rs. 2159/- and the complainant to avoid any mishap paid Rs 2150/- to them under threat. Copy of payment receipt of Rs. 2150/- is placed on record Ex.C-3. The said act of the opposite party itself amounts to deficiency in service as the opposite party has itself made waiver of Rs. 2159/- and the remaining amount of Rs. 2000/- was deposited by the complainant with the opposite party and the telephone connection was disconnected on 13.4.2016 and after that the opposite party has no right to demand any amount from the complainant once the waiver of Rs. 2159/- has been granted by the opposite party itself to the complainant.  But, however, the opposite party has been demanding Rs. 2159/- after four months of disconnection of the telephone connection. However, the complainant in order to avoid any further mishap deposited Rs. 2150/- with the opposite party on 17.8.2016 . The said act of the opposite party itself amounts to deficiency in service as well as unfair trade practice on the part of the opposite party.

9.       Resultantly the complaint is allowed with costs and the opposite party is directed to refund Rs. 2150/- to the complainant. As the complainant has been harassed in the hands of the opposite party, as such opposite party is also directed to pay  compensation to the tune of Rs. 2000/- while litigation expenses was assessed at Rs. 2000/-. Compliance of this order be made within a period of 30 days from the date of receipt of copy of this order ; failing which, complainant shall be at liberty to get the order executed through the indulgence of this Forum.   Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated : 10.7.2017