27^th  day of June 2012

                                      CC.556/08  filed on 17/7/08

Complainant     :   Joseph Thekkoodan, S/o.Simon, Thekkodan House,

                             Kuriachira.P.O., Thrissur.

                             (By Adv.B.Sajith, Thrissur)

Respondents             :     1.Reliance Webstore Ltd., Pooma Complex, MG Road,

                                Thrissur, rep. by its Manager.

                             2.Reliance Communications Infrastructure Ltd., Thane

                                Belapur Road, Kopar Khairane, Navi Mumbai, rep. by

                                its Manager.

                             (By Adv.K.S.Ravisankar. Thrissur)

                                                          ORDER

By Smt.Padmini Sudheesh, President

          The case is that the complainant is a subscriber of  Reliance prepaid mobile connection bearing No9349484555.  The connection was taken from 1^st respondent.  On 25/5/08 respondents issued a bill for a sum of Rs.591.47.  Complainant paid the amount.  But on 26/6/08 the respondents disconnected the incoming and out going calls from this mobile.  It was told that the complainant has some dues in the other mobile connections.  The complainant has paid the bill for Rs.530/- on 11/7/08.  The respondents have not reconnected the mobile.  There are no arrears in the above said mobile.  This act of respondents is unfair trade practice.   Hence the complaint.

          2. The version is that complainant intentionally  hides some  relevant factors.  Apart from the connection number stated in complaint the complainant has  four more connections and the  numbers are noted in the counter.  Issuance of bill dated 25/5/08 is admitted. The barring of service was occurred due to non payment of bills for more than Rs.8,000/- in other four connections.  All the five connections were taken in the name of  complainant and the complainant refused to pay the bill amount in other four   accounts.  It is the duty of complainant to clear the outstanding arrears.  There was no deficiency in service or unfair trade practice from these respondents.  Hence dismiss.

          3. Points for consideration are that :

1) Whether there was any unfair trade practice committed by respondents ?

2) If so reliefs and costs ?

          4. Evidence consists of oral testimony of PW1 and Exhibits P1&P2.

          5. The complaint is filed to get reconnection of the mobile connection of complainant bearing No.9349484555.  It is the case that he has paid the bills issued by respondents and no dues pending.  But the respondents disconnected the incoming and outgoing calls from this mobile connection.  Complainant is alleging that the respondents committed unfair trade practice.  At the same time respondents stated that there are four other connections to complainant and there are dues in these connections for more than Rs.8,000/-.

          6. The complainant  is examined as PW1 and Exhibits P1 and P2 are marked.  It is admitted by him  about the existence of four other connections in addition to the connection stated in the complaint.  He also admitted during examination that there are arrears of Rs.8,424.90 in these four connections.  But it is his version that those amounts are not to be paid by him.  It is admitted by PW1 that bill is received.  So it is the liability of complainant to pay bills amount in those connections.  But the dispute is with regard to disconnection of mobile service in mobile phone No. 9349484555.

          7. It is the contention of respondent that  they have disconnected the connection because there are arrears in other connections.  This act of respondent is illegal and unfair.  If there are arrears in one connection it should be disconnected or action should be taken in that connection.  The respondents have no right to disconnect a connection in which there are no arrears pending.   It is the case of complainant that he has paid the bills amount without due in the disputed connection.  So the disconnection is  unfair trade practice.  The respondents have no case that  dues are outstanding in the connection stated in the complaint.

          8. In the result the complaint is allowed and the respondents are directed to reconnect the mobile No. 9349484555 and pay Rs.2,000/- as compensation with costs Rs.500/- within two months from the date of receipt of copy of this order.

          Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 27^th  day  of June 2012.

                                                                             Sd/-

                                                                   Padmini Sudheesh, President

                                                                             Sd/-

                                                                   M.S.Sasidharan, Member

                             Appendix

Complainant’s Exhibits

Ext.P1 Receipt dt.5/6/10

Ext.P2 Receipt dt. 12/7/10

Complainant’s witness

PW1 – T.S.Joseph

                                                                                                Id/-                                                                                                                      President