In the Court of the Calcutta District Forum, Unit-I

CDF-1/Case no.255/2004

Sri Dipankar Dasgupta,

8C, Ajanta Apartment,

10, Gurusaday Road, Kolkata-19                                             …….     Complainant

vs.

Reliance Infocom Ltd.,

34, J.L. Nehru Road, Kolkata-71                                           ……  Opposite party

Present :      Sri A.K. Das,  President

                    Sri L. K. Banerjee,  Member

                   Smt. J, Saha,  Member               

Order no.     22    dt. 20.06.2008

            Petitioner in this consumer complaint has disputed the bill, annex-A, dt.28.8.04 in connection with his telephone no.3322474904 provided by o.p.

            Petitioner, in fact, has received the service of the above telephone with 275 calls which is appearing from, annex-G. Said annex-G, is not disputed by o.p. in their w/v where as in the disputed bill o.p. demanded local call charges 1135 without supplying any call details and or meter reading. In w/v they categorically stated that due to functionality of o.ps. billing system meter reading cannot be provided and it is not feasible to customize the bill format issue to individual requirement. Therefore o.p. is entitled to usage charge at best Rs.275/- in terms of the call statement annex-G instead of 1135 units has demanded by the o.p. in their bill annex-A. It is further appearing from the w/v of the o.p. that they have barred out going facility of the above telephone on and from 30.11.04. In that case o.ps. are not entitled to claim any usage charges from that date excepting the rental charges from 3.8.04 to 30.11.04. O.ps. are also not entitled to claim in rental charges since they are not providing any service from the above telephone. All other subsequent bills on and from 30.11.04 o.ps. are not entitled to claim from the petitioner. It is appearing from the bill annex-A petitioner has paid Rs.500/-. In that case o.ps. are entitled to realize at best rental charges for the period 3.8.04 to 30.11.04 @ Rs.1000/- minus Rs.500/- which has been paid by the complainant, as it is appearing from annex-A.

            In course of hearing ld. Counsel for the petitioner is present but nobody is appearing on behalf of o.p. Considering entire merits of the case it is appearing that the disputed bill annex-A, has not been prepared by the o.p. with proper material particulars where the calls made by the petitioner and call demanded by the o.p are at variance. Therefore,  the o.ps. are liable for deficiency in service towards the consumer. Under the circumstances, present consumer complaint is disposed of and it is awarded in the following terms.

            O.ps are entitled to realize Rs.3500/- (Rupees three thousand five hundred) only (rental charge for the period 3.8.04 to 30.11.04 @ Rs.1000/- per month minus Rs.500/- already paid). O.ps. are directed to pay Rs.3500/- (Rupees three thousand five hundred) only for compensation for deficiency in service and harassment to the petitioner. O.ps. are also directed to pay litigation cost Rs.1000/- (Rupees one thousand) only. All the payment should be made within three months from date, failing which it will carry an interest @ 8% p.a. till realization.

            Let copy of this order be supplied to the parties free of cost.