DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 23rd day of March 2009.
Present : Smt. H. Seena, President : Smt. Preetha.G. Nair (Member) : Smt. Bhanumathi.A.K. (Member) C.C.No.73/2008
Venkitesh.C.D S/o. C.R. Devarajan Saravanabhava Moopankulam Pattancherry.P.O. Palakkad. - Complainant (Party in person ) V/s
1. Reliance Communications Ltd 26 & 27 Mangalam Towers Opp. Town Bus Stand T B Road Palakkad. (Adv. Jayan.C. Thomas ) 2. Ramesh.S Reliance Communication Ltd Dee Pee Plaza, Ist Floor Opp. Sidhartha Regency Kokalai Thrissur. - Opposite Parties (Adv. Jayan.C. Thomas)
O R D E R By Smt. H. Seena, President Brief facts of the complaint is regarding disconnection of telephone service. Complainant is a customer of first Opposite party for using land phone for internet connection. Phone number allotted to the complainant is 04923 – 322707. During March 2008, bill date was changed from 27th to 5th of the month. Out going service was cancelled on 6th March 2008 preceeding a message that the complainant was supposed to pay Rs.1755.64 to activate the outgoing calls. The very next day there was another message mentioning the amount to be paid as Rs.1129.14 . The credit limit at that time was Rs.1300/-. After further enquiries with the opposite parties, complainant came to understand that the amount to be paid is Rs.1129.04 and not 1755.64. The mistake was admitted by Opposite parties. Complainant wanted to activate the outgoing calls since he has not crossed the credit limit. But the Opposite parties insisted on payment of the amount first. Complainant received the bill only after 1 week of disconnection of phone. Instead of solving the problem, Opposite party 2 sent a notice dated 08/05/2008. The notice mentioned that the complainant is liable to pay Rs.1128/- as on 08/05/08 to avoid any further consequences. Complainant made payment of Rs.1200/- on 21/05/08. Complainant is aggrieved by the fact that even after payment of the bill amount opposite parties has not activated the outgoing calls. Again the Opposite parties issued bills for the months of April and May for which the complainant has not availed any service.. Opposite party issued another notice dated 05/06/2008 demanding payment of Rs.793/-. It mentioned that the complainant is using a mobile phone with No.9388726123. Actually the complainant was allotted with a land phone with No.04923-322707. Complainant wanted to return the telephone and terminate the association with the opposite parties. But the Opposite parties are not refunding the deposit amount of Rs.500/-. According to the complainant, the act of the opposite parties amounts to clear deficiency of service. Complainant prays for an order directing the opposite parties to pay an amount of Rs.50,500 /- as compensation.
Even though the Opposite partied entered appearance and filed vakalth, no version or affidavits was filed. Evidence adduced consists of the affidavits and Exhibit A1 to A7 from the side of the complainant . Land phone containing the messages was marked as MO1
Issues for consideration are whether there is deficiency of service on the part of the opposite party? If so, what is the reliefs and cost?
The case of the complainant is proved by Exhibits A1 to A7 documentsand MO1, Where the messages issued by the Opposite parties were included. It is evident from Exhibit A2 that the bill amount was paid by the complainant on 21/05/2005. The opposite parties has not adduced any evidence to contradict the evidence tendered by the complainant. Hence the evidence tendered by the complainant stands unchallenged.
In view of the above circumstances we are of the view that there is deficiency of service on the side of the Opposite Party.
In the result, complaint allowed. Opposite Party is directed to pay an amount of Rs.5,000/- as compensation for the deficiency of service on the part of the opposite party and Rs. 1,000/- as cost of proceedings. Order shall be complied within one month from the date of receipt of the 3 order failing which the whole amount shall carry an interest @ 9% per annum from the date of order till realization.
Pronounced in the open court on this the 23rd day of March 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 – Letter of Advocate C.K. Sreejith Ext. A2 – Receipt of Reliance Communications Ext. A 3 – Notice to the defaulting customers of Reliance Communications Ltd Ext. A4 – Letter dated 05.03.2008 of Reliance Ext. A5 – Bill of Reliance from 28.01.08 to 04.03.08 Ext. A6 – Bill of Reliance from 05.03.08 to 04.04.08 Ext. A7 – Bill of Reliance from 05.04.08 to 04.05.08
8. MO1 – Land phone containing the messages Exhibits marked on the side of the Opposite Party Nil Cost (allowed) Rs.1,000/- (Rupees One thousand only) allowed as cost of proceedings Forwarded/By Order
Senior Superintendent.
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
