NCDRC

NCDRC

RP/1285/2011

IDEA CELLUAR LTD. - Complainant(s)

Versus

SHIRISHKUMAR MAYACHAND MODI - Opp.Party(s)

M/S. CHAMBERS OF JAITLEY & BAKSHI

28 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1285 OF 2011
 
(Against the Order dated 13/01/2011 in Appeal No. 1761/2010 of the State Commission Gujarat)
1. IDEA CELLUAR LTD.
Plot No. 18, Sector 11
Gandhinagar
Gujarat
...........Petitioner(s)
Versus 
1. SHIRISHKUMAR MAYACHAND MODI
Resident of Modi Kunj, Amir Road
Palanpur - 385001
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr. Sudhir M. with
Mr. Gaurav Seth, Advocate
For the Respondent :NEMO

Dated : 28 Jul 2011
ORDER

Petitioner had sent a bill of Rs.451/- to the respondent on 21.05.2007 which was to be paid within 15 days.  According to the respondent/complainant, he received the bill on 26.05.2007 and paid the same through cheque on 11.06.2007, i.e. within 15 days.  It is not

 

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in dispute that the cheque had been cleared and the amount had been received by the petitioner.  Mobile telephone service to the complaint was disconnected by the petitioner service provider on 06.05.2007 for the reason that the bill dated 21.05.2007 remained unpaid.  Respondent being aggrieved filed the complaint before the District Forum.

          Mobile telephone service wad restored soon after the payment of the bill on 11.06.2007.

          District Forum disposed of the complaint and directed the petitioner to pay Rs.5,000/- by way of compensation for deficiency in service.

          Petitioner being aggrieved filed the appeal before the State Commission, which has been dismissed by the impugned order.

          Both the fora below have come to the conclusion that the respondent had paid the bill amount within 15 days of receipt of the bill; that the petitioner would have received the bill on 26.05.2007 which was paid by the respondent on 11.06.2007. 

 

 

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Since the amount involved is very meager, we are not inclined to entertain the revision petition and interfere with the impugned order.  Dismissed.

          However, question of law is left open.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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