PER DR.(MRS) MADANJIT KAUR SAHOTA, MEMBER

             Succinctly put, in March, 2010, the complainant took a mobile connection No.7814233331 from the OP-3 and paid the entire outstanding bills.  However, w.e.f. 18.5.2010 the OPs disconnected the above said mobile without any reason which caused him irreparable loss. He visited the office of the OPs number of times and requested them to restore the connection.  He also served a legal notice dated 25.5.2010, followed by reminder dated 29.5.2010, but to no avail. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2.             Summons sent to OPs 1 & 2 were received back with the report of refusal and since refusal is sufficient service and none appeared on behalf of the OPs, hence they were proceeded against exparte.

3.             OP-3 in his written reply admitted that the complainant took the add on connection from him on 16.4.2010.  It has been submitted that the connection was disconnected on 18.5.2010 due to non submission of the requisite documents by the complainant himself as he failed to submit the requisite documents in respect of proof of address.  It has been denied that any loss was caused to the complainant by the act and conduct of the OP.  Denying all the material allegations of the complainant and pleading that there has been no deficiency in service or unfair trade practice on his part prayer for dismissal of the complaint has been made. 

4.             Parties led evidence in support of their contentions.

5.              We have heard the Learned Counsel for the complainant and Sh. Varinder Gupta, OP-3 in person and have also perused the record. 

6.             It has been observed by the prevailing facts on the file, furnished by both the parties that the complainant got add on connection No.7814233331 from the OP-3 on 16.04.2010 vide Annexure OP-3/1 for which the bill of Rs.81.36p for the period from 16.04.2010 to 24.04.2010 was raised by the OPs vide Annexure C-1, against which Rs.100/- was paid by the complainant to the OPs vide receipt dated 14.05.2010 (Annexure C-2). The main grouse of the complainant is that the said connection was disconnected by the OPs on 18.5.2010 without any intimation/reason.  Annexure C-7 dated 25.5.2010 and Annexure C-9 dated 29.5.2010 are the copies of the legal notices sent to the OPs for restoration of the add on number in dispute.

7.            Summons sent to OPs 1 & 2 were received back with the report of refusal and since refusal is sufficient service and none appeared on behalf of the OPs, hence they were proceeded against exparte.  It shows that OP-1 and 2 have nothing to say against the allegations levelled by the complainant and were deficient in rendering proper service to the complainant.

8.             On the other hand OP-3 submitted that the said connection was disconnected only due to non submission of requisite documents in respect of proof of address.  In support of his contentions, OP-3 has placed on record Annexure OP-3/1 the copy of the application form in the name of the complainant, which shows the permanent address of the complainant was not mentioned in it. Annexure OP-3/3 is the duplicate copy of the reliance bill of the complainant for his mobile no. 9356407262, on which the add on number was taken by him, where in the same name and address has been given. Annexure OP-3/4and Annexure OP-3/5 are copies of the email with respect to the correspondence had by the OPs within their department regarding the above facts. 

9.             We have gone through the records very carefully and find that the add on connection was released by the OPs in favour of the complainant only after receiving the application form on 16.04.2010 vide Annexure C-1, which admittedly has been accepted by the OPs, whereupon add on no.  7814233331 was released to the complainant on the verbal approval of Mr. Amit Sethi (concerned official of the OPs).  It is pertinent to mention here that no where it has been marked by the OPs in the application form Annexure C-1 that the form is incomplete or is accepted subject to some precondition.  The OPs have not been able to produce any undertaking or other evidence/proof to prove that the complainant was required to give his residence proof or it was asked to the complainant to produce it before or after releasing of the add on connection to him. Otherwise also, the add on connection in question was taken by the complainant in his own name and also on his previous number already existing in the record of the OPs, therefore, it appears that the OPs have released the add on connection by accepting Annexure OP-3/3, which is the duplicate copy of the reliance bill of the complainant for his mobile no. 9356407262, on which the add on number was taken by him and only thereafter the bill of Rs.81.36p for the period from 16.04.2010 to 24.04.2010 was raised by the OPs vide Annexure C-1, against which Rs.100/- was paid and also received by the OPs vide receipt dated 14.05.2010 (Annexure C-2). 

10.           Admittedly, the add on connection was disconnected by the OPs on 18.05.2010, to which they have also not been able to produce any evidence/proof to prove that an intimation or notice was given to the complainant, to provide address of residence as matter of proof before disconnecting the add on number.  In our view, if the OPs have first released the add on number to the customer by violating their own rules and regulations; thereafter they cannot harass the customers in order to make their own mistake right at the later stage, by demanding the documents, which were required to be asked by them, if any, before filling the application form. In our view, the OPs in the present case have arbitrarily and illogically have disconnected the add on connection of the complainant without giving any prior intimation/notice, causing him mental and physical harassment for which the OPs are liable to compensate.

11.           In view of the above discussion, we are of the considered opinion that the complainant has sufficiently proved his case to hold the OPs liable for deficiency in service and unfair trade practice on their part.  The complaint therefore succeeds and is accordingly allowed. The OPs are directed to restore the add on connection no. 7814233331 in favour of the complainant within 7 days from the date of receipt of copy of this order.  The OPs shall also pay to the complainant Rs.5000/- as compensation towards mental and physical harassment alongwith Rs.2500/- as costs of litigation within 30 days from the date of receipt of copy of this order. The order shall be fully complied by the OPs within the above said period failing which the OPs would be liable to pay to the complainant Rs.10,000/- as compensation in addition to the above said compensation and litigation costs.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.

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