Order-13.
Date-08/09/2016. .
This is an application u/s.12 of the C.P. Act, 1986.
Case of the complainant, in short, is that OP1 is a company registered under the Companies Act. The complainant purchased MTS Data Connection product named HSD Ultra (Account No.6000434704) on 28-05-2015. The complainant has been using the MTS Data Connection HSD Ultra for last 15 months. The complainant has paid all the bills before due dates mentioned in the bill. The complainant also paid an extra amount on every bill sent to the complainant and the complainant is not a defaulter. The complainant filed oral complaint on 08-04-2015, 27-04-2015 and 16-05-2015 in MTS customer for changing his Tariff from Rs.999/- to 599/- but the company did not pay any attention to such complaint and continued with the said plan for which the complainant had to suffer extra charges of Rs.400/- every month. The complainant, thereafter, finding no other alternative wrote a final letter through e-mail to the company for changing the tariff but the OP did not pay any attention to the complainant. on 07-05-2015 the complainant called the OP company office for disconnecting the connection line but OP did not disconnect the line and has been continuing to send the bills. The OP company also asked the complainant to clear the bills which are outstanding. It is the case of the complainant that he is not using the line and had asked the OP for disconnecting the line but OP did not disconnect the particular connection and the complainant is not liable for it. It is also alleged that the OP Company is trying to force the complainant to pay the bills whether using or not. Hence, this case.
Initially as we find the complainant filed the complaint against two OPs i.e. OP1 and 2. OP1 is the MTS Office and OP2 as we find is service centre. Subsequently, the complainant expunge the name of OP2 from the cause title of the petition of complaint and the name of the OP2 as such is expunged.
OP1 has neither appeared in this case nor filed any written version. The case has proceeded ex parte against this OP.
Point for Decision
- Whether OP1 is deficient in rendering services to the complainant?
- Whether complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have travelled over the documents in record namely the e-mail letter dated 15-06-2015, bills for MTS Services and other materials on record. It appears that the complainant obtained MTS connection data product namely HSD Ultra on 28-05-2015. It also appears that the complainant requested the OP1 orally on 08-04-2015, 27-04-2015 and 16-05-2015 at MTS Customer for changing his tariff from Rs.999/- to Rs.599/- but no effective action is taken to that effect from the end of the OP. We find that on 15-06-2015 the complainant intimated the OP through e-mail correspondence for changing the plan but it is alleged that that it has not been done by the OP. But we are afraid we find that the complainant did not write any letter to the OP for disconnecting the connection. No document is forthcoming before us to show that complainant requested the OP for disconnection of the line and for not sending any bill. It is not also intelligible to us why the complainant did not make any written correspondence for disconnection of the line with the OP. Be that as it may, none came from the side of the OP to challenge or controvert the version of the complainant as adduced in Evidence-in-Chief by the complainant. We think that the OP has shown a gesture of deficiency of service in not changing the tariff from Rs.999/- to Rs.599/-. OP has not taken any effective step in this regard and we think that it is a deficiency of service on the part of the OP. It is alleged by the complainant that he called the company office on 07-05-2015 for disconnecting the line and he is not using the line and such version of the complainant remains unchallenged and uncontroverted. We think the complainant deserves redressal to that effect.
In result, the case succeeds.
Hence,
Ordered
That the complaint case be and the same is allowed ex parte against the OP but on merit with cost of Rs.5,000/-.
OP is directed to disconnect the line of the complainant w.e.f. 07-05-2015.
OP is further directed to charge bill in favour of the complainant till the said date in the scheme of Tariff from Rs.999/- to Rs.599/- till the said date.
OP is directed to comply the order within 30 days from the date of passing this order, i.d. complainant will be at liberty to put the order into execution u/s.25 read with Section 27 of the C.P. Act.
