Jagdeep Singh complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 requiring the opposite party to restore the connection of the complainant and to give concession of plan of Rs.499/- to the complainant by the opposite party in the bill dated 18/12/2006 for Rs.894/- payable up to 8/1/2007 and to pay Rs.1,00,000/- as compensation for mental tension, harassment and inconvenience with costs of the complaint. <br /> 2. The complainant averred in his complaint that he has mobile connection No. 01635-329602 in his name under plan of Rs.499/- meaning thereby that the amount of Rs.499/- is deducted in every bill. The complainant is practicing as an Advocate in the District Courts, Faridkot. The opposite party issued a bill No. 261260548255 dated 18/12/2006 for Rs.894/- payable up to 8/1/2007 for the period 18/11/2006 to 17/12/2006 illegally, wrongly, without providing concession of plan of Rs.499/- i.e by not deducting Rs.499/- from that bill's payable amount. As such the payment of the said bill in question was not made to the tune of Rs.400/- by the complainant vide receipt dated 10/1/2007 by saying that the said bill has been wrongly issued to the complainant and requesting the opposite party to correct the bill as there was plan of Rs.499/- and that it be checked and that the complainant will make payment of the bill under the said plan. However the opposite party disconnected the complainant's connection with one or the other excuse that the record of the complainant will be checked and the bill will be corrected soon and thus the connection remained disconnected for 15 days but all invain. Due to non payment of the bill in question fully the connection of the complainant was disconnected by the opposite party demanding thereby a sum of Rs.494/- by leveling false and baseless allegation which is illegal, void and complainant is not bound to pay the same. The opposite party sometimes restore and sometimes disconnect the connection of the complainant. So it has caused unnecessary mental tension, pain, agony, inconvenience and harassment to the complainant so he is entitled for restoration of his connection because in the fast moving world of today it is very essential for every one so he is entitled for compensation to the tune of Rs.50,000/- at least from the opposite party on that account and Rs.50,000/- for wrongly disconnection of the complainant's connection for 15 days for loss of contacts with the people in total to Rs.1,00,000/-. The complainant has reqested the opposite party to restore the connection and to correct the bill that the complainant is ready to pay future bills as and when issued in time and that they should pay him compensation to the tune of Rs.1,00,000/- to him for causing harassment but all in vain. Hence this complaint. <br /> 3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 27/2/2007 complaint was admitted and notice was ordered to be issued to the opposite parties. <br /> 4. On receipt of the notice the opposite party appeared through Sh. V.K.Monga Advocate and filed written reply taking preliminary objection that the complainant has suppressed material facts from this Hon'ble Forum. This Hon'ble Forum has no territorial jurisdiction to entertain the present complaint in view of the Clause 9 (i) of the Customer Application Forum which is a binding contract between the parties and only Mumbai Courts shall have the jurisdiction to try the present complaint. The complaint deserves dismissal being not maintainable. It is pertinent to mention here that the adjustment of the disputed amount was posted in the account of the complainant on 27/1/2007 and the complainant has filed the present complaint on 27/2/2007. So the complainant has filed the present complaint only with the ulterior motive of grabbing money from the answering respondent. The complainant has admitted that he has not paid the disputed amount which has already been adjusted on 27/1/2007 so he has not suffered any loss or injury so he is not entitled for any compensation. On merits it is admitted that the complainant received the bill dated 18/12/2006 for Rs.894/- and due to some technical error the concession of free usage up to Rs.470/- as appliable was not given. It is pertinent to mention here that the usage of the connection of the complainant in the alleged bill was Rs.452.10 which was to be discounted but a discount of Rs.45.48 only was posted thereby discount of Rs.407/- was not posted inadvertently due to some technical error. It is wrong that the complainant was entitled to a discount of Rs.499/-. In the present case the complainant has made a payment of Rs.400/- only on 10/1/2007 leaving a balance of Rs.494/- though he was required to pay Rs.487/- so the complainant has not paid the entire amount payable by him and Rs.87/- remained as unpaid. It is wrong that the connection of the complainant was disconnected by the opposite party. The complainant has not mentioned any particular time and date on which the connection as alleged was disconnected. The entire allegations of the disconnection are vague and based on whims and fancies. It is wrong that the opposite party caused any mental tension, pain, agony, inconvenience and harassment to the complainant. It is also wrong that the complainant has ever approached the opposite party for restoration of services since the services of the complainant was not barred so the question of restoration does not arise at all. So the complaint be dismissed with costs. <br /> 5. Both the parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence his affidavit Ex.C-1, copy of receipt Ex.C-2, copy of bill dated 18/12/2006 Ex.C-3 and closed his evidence. <br /> 6. In order to rebut the evidence of the complainant the opposite party tendered in their evidence afffidavit of Mast Ram Deswal Ex.R-1, copy of details Ex.R-2, copies of bills with details Ex.R-3 to Ex.R-6 and closed their evidence.<br /> 7. We have heard the learned counsel for the parties and have very carefully gone through the affidavits and documents on the file. Our observations and findings are as under.<br /> 8. Complainant has submitted that the opposite party have harassed the complainant by issuing excessive bill and disconnection of the connection illegally. Complainant has been harassed mentally and physically by the opposite party so the complainant is entitled to the heavy amount of compensation. <br /> 9. Learned counsel for the opposite party have submitted that there is no deficiency of services to be provided by the opposite party to the complainant. Complainant has not been sent any excessive bill. However due to technical error free uses up to Rs.470/- could not be given which have been given later on to the complainant. The opposite parties have not received any exess amount. So the complaint is liable to be dismissed. <br /> 10. From perusal of the file it is made out that the opposite party in bill Ex.C-3 have not given concession of usage charges to the extent of Rs.470/-. The opposite party have sent bill Ex.C-3 to the complainant worth Rs.1108.20 paise dated 18/12/2006 from 18/11/2006 to 17/12/2006 for its deposit uptill 8/1/2007. This error is admitted by the opposite parties. Certainly such like error caused mental tension and harassment to the consumer. <br /> 11. The opposite party also have disconnected mobile connection of the complainant from 16/1/2007 to 19/1/2007 with regard to which there is no details of calls in the details of calls placed on the file by the opposite parties. Though opposite parties have adjusted the amount later on but excessive bill sent by the opposite parties to the complainant have caused mental tension and harassment to the complainant. So there is deficiency of service on the part of the opposite parties to be provided by the opposite parties to the complainant. <br /> 12. In view of the aforesaid facts and circumstances the complaint filed by the complainant is accepted. Accordingly the opposite party is directed to pay the amount of Rs.2000/- to the complainant as compensation on account of deficiency of service, mental tension and harassment within one month from the date of the receipt of the copy of this order, failing which the opposite parties shall pay interest on the amount of Rs.2000/- at the rate of 12% per annum from the date of the decision of the complaint till realization of the amount. Copies of the order be sent to the parties free of costs. File be consigned to the record room. <br /> Announced in open Forum:<br /> Dated: 13/11/2007<br />