DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 737/2016
D.No._______________________ Dated: __________________
IN THE MATTER OF:
SANJEEV KUMAR RAGHAV,
S/o SH. R.S. RAGHAV,
R/o H.No. 3162-A, KH. No.55/24,
1st FLOOR, JAIN NAGAR, NEAR KARALA,
DELHI-110081.… COMPLAINANT
Versus
1. SISTEMA SHYAM TELE SERVICES LTD.,
A-194, PH-I, OKHLA INDL. AREA,
NEW DELHI-110020.
2. MOBILE CARE,
(FRANCHISE OF MTS),
G-20/228, SEC.-7, ROHINI,
DELHI-110085. … OPPOSITE PARTY (IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 08.08.2016
Date of decision:22.10.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OPs under Section 12 of the Consumer Protection Act, 1986 thereby alleging that the complainant purchased an Internet Connection Data Card
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MDN No. 8459536824 bearing account ID no. 1103094490 with device of MTS from OP-2 vide bill no. 436/09 dated 25.11.2015. The complainant further alleged that he requested so many times to the customer care of OP-1 to give the hard copy of the bill with details but every time the representatives of OP replied that “Sir, you will get hard copy from next time”, while company just send SMS on the mobile handset of the complainant in which they mentioned the amount of bill and due date only and the complainant also made the request by selecting the physical bill at the website (https://selfcare. mtsindia.in from where the complainant paid all bills) in select bill type section. Thereafter, the bill of the complainant was fixed as Rs.750/- per month and it was coming approx. Rs.860/- including taxes as applicable and same was being paid by the complainant within due date and the bill amount of April-2016, exceeded as per the regular bills as it was Rs.877/-, when the complainant tried to confirm to customer care OP they told to the complainant that exceeded amount is of roaming charges but he did not visite out of Delhi within that period and the complainant requested to OP to send the bill details with roaming details (like Date, Time and Place etc.) in the form of hard copy. The complainant further alleged that OP did not give details till 04.05.2016 to the complainant, then the complainant wrote an e-mail on 04.05.2016 to customer care of OP and requested to send the details of bill with roaming and also requested that the payment charges will not apply on the bill as it is
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being delayed because of OP. On 05.05.2016, OP replied the e-mail dated 04.05.2016 and confirmed that “we have registered a complaint to resolve the concern. The complaint reference no. is MAY/1098. We will update you on your concern by 09.05.2016. About roaming charges, we would like to inform you that as you have used your service in roaming location hence 16/- roaming charges added in your bill. There is no discrepancy in your bill.” On 06.05.2016, the complainant again send reminder to customer care of OP about the complaint (ref. no. MAY/1098 which was done on 04.05.2016) and clearly mention that “this is move matter of right information and ethics and while we did not move anywhere then how this data card showing roaming? I must know about it. I’ll pay your bill after clarification and you will be responsible for delay as much it will be.” On 09.05.2016, the complainant got SMS on the mobile number 9891346485 that “your complaint no. MAY/1098 has been closed. On 10.05.2016, the complainant again send e-mail with same subject line “Bill is not received/ref. no. MAY/1098” that “your representative called me yesterday and promised me to send the hard copy of bill with all details of roaming. I told him that I’ll pay your bill after getting the hard copy of bill then he confirmed that I’ll get it within 2-3 days and then you pay. But I got the SMS yesterday that your complaint no.MAY/1098 has been closed. We tried to contact you but unable to reach you.” While complainant was being contacted by the executives of OP, 2-3 times a day regularly.
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Thereafter, rather providing the bill details OP stopped the services of internet on 10.05.2016 of the complainant and while the complainant credit limit was Rs.2,250/- as shown in each bill and the complainant was regularly in touch with OP by e-mail and through the representatives of OP also whoever called the complainant and the complainant promised to pay the bill as soon as OP will provide the details as required by the complainant. On 11.05.2016, OP sent an e-mail to the complainant with the subject “MTS payment reminder” in which he confirmed that “your MTS no. 8459536824 due to non-payment of bill of Rs.877/- and kindly pay immediately to enjoy uninterrupted services.” On 12.05.2016, OP again send an e-mail to the complainant with the subject “reminder letter” in which OP mentioned that “we write to you on behalf of Sistema Shyam Teleservices Ltd. i.e. OP-1 offering voice and data services under “MTS” brand and is in furtherance of our continuous efforts to persuade you to clear the outstanding dues for your subscription 1103094490 bearing MDN No.8459536824 and it is reiterated that the total outstanding amount towards usage as on date in your account is Rs.1,339/-, kindly make the payment of the aforesaid outstanding amount within two days of the receipt of the letter.” The complainant further alleged that the complainant replied the e-mail send by OP on 12.05.2016 with CC to customer care and told that “your representatives called me 2-3 times a day and promised to send the details of bill but I did not get any details till
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now, neither on e-mail nor at my home address but you are calling regularly for bill payment, as much concern you are showing about the payment, some must be shown about the customer service also and until you will not provide me details of my bill then why should I pay you the bill amount?, rather providing the bill details you are sending SMS/e-mails and calling also for the bill payment and you have stopped the service of data card MDN No. 8459536824 subscription ID 1103094490 from 10.05.2016 and you are disturbing and harassing me by this type of activity and unless I will not get the details of bill, I’ll not pay this bill amount. On 12.05.2016, OP replied the e-mail of the complainant in which he mentioned that “we would like to inform you that on behalf of the complainant request usages details has been attached with the mail and about bill, we would like to inform you that your number has already been restricted since 10.05.2016 due to non-payment of the previous dues of Rs.877/- and OP request the complainant to pay the same to reactivate the account” but the details send by OP was not as required by the complainant because there were no details of place and time of roaming. On 12.05.2016, the complainant replied the e-mail and asked that “In these usage details you did not mention the area of roaming and time also and please send me complete details on printed bill (hard copy)/you can send scan copy of that on my e-mail.” On 12.05.2016, OP replied “we would like to inform you that we are unable to share the data usage details with
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timings and roaming location and about paper bill, we would like to inform you that we have gone through your account and found your complaint MAY/1098 has been closed and as per closure paper bill has been send at your registered address. On 12.05.2016, the complainant replied the e-mail and asked that “please, tell me the date on which you have sent the paper bill at my address and by which medium you have sent it and if courier then please tell me the name of courier and courier receipt no. also, because, the complainant did not receive it till now.” On 12.05.2016, OP replied that “you have expressed your concern in the e-mail dated 12.05.2016 regarding postpaid MTS no. 8459536824 about paper bill, we would like to inform you that we have shared your issue with our concern team and we will update you on your concern by 48 working hours. On 10.06.2016, the complainant sent a letter ref. no. MTS/16/10 to OP-2 with request to provide the hard copy of bills from December-2015 to till date with the details of roaming (like date, time and place etc.) if any and in reply of above said letter OP-2 providedthe duplicate copy of bill but without the details of roaming as required by the complainant and only total roaming charges were mentioned in these bills for the specified period. On 16.06.2016, the complainant again sent an e-mail to customer care of OP and asked that “I did not get any detail of roaming charges applied by you in my bill of April-2016 neither on e-mail nor at my home address but you are calling regularly for bill payment and rather the complainant
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made a request at mobile care (Franchise of MTS), Sec.-7, Rohini, Delhi-85 vide letter ref. no. MTS/16/10 dated 10.06.2016 to provide hard copy of the bills from December-2015 to till now with details of roaming (like date, time and place etc.) of all bills.” On 16.06.2016 OP sent reply with details of usage by attaching a file in PDF format and again said “we would like to inform you that we are unable to share the data usage details with timings and place” and rather providing the roaming details as billed to the complainant, OP started harassing the complainant by calling 2-3 times a day by different-different phone numbers through the collection staff who used very abusive language and the complainant also made a complaint about to OP on 04.06.2016. On 12.07.2016, OP sent e-mail with title Legal notice in which OP wrote that the complainant just have one day time to pay the bill otherwise OP was going to start legal proceedings and on 18.07.2016, the complainant paid the bill of above said data card by transaction no.1895629764 of Rs.1,700/- as per the last bill provided by OP which has been confirmed by OP-1 on same day by replying e-mail that “you have expressed your concern in the e-mail dated 18.07.2016 regarding postpaid MTS no. 8459536824 about payment, we would like to inform you that we have checked your account and found that the payment of Rs.1,700/- has been successfully updated in your account no. 18.07.2016 and the complainant accordingly alleged that there is deficiency in service and unfair trade practice on the part of OPs.
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2. On these allegations the complainant has filed the complaint praying for direction to the OPs to refund the unjustified amount which has been taken from the complainant by OP with penalty to teach a lesson for not doing the same with others innocent persons because this is the matter of right information and ethics which is breached by OP as well as compensation of Rs.19,00,000/- for causing him mental agony and harassment and has also sought litigation cost.
3. OPs have been contesting the case and filed their separate reply/written statement. In the reply OP-1 submitted that the complainant is a customer of OP-1’s company Wi-Fi internet service vide connection no.8459536824 and as per DoT norms and company norms, no telecom provider provides roaming details of the customer in the bills and each complaint of the complainant was duly heard and replied and best possible help was extended to the complainant as per government norms and the complainant with a sole intention to hide his own wrongs and to extract money from OP-1 has filed the complaint.
4. OP-2 submitted in the written statement that the complaint is not maintainable and is liable to be dismissed. OP-2 further submitted that OP-2 is franchisee/dealer of OP-1 who is providing some services like sale of products, bill collection and providing duplicate copy of bill to the consumers of OP-1 and all other services like activation of internet connection and bill generation are being done by OP-1 and OP-2 did not done any deficiency in service provided by
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him to the complainant as defined in Consumer Protection Act.
5. The complainant filed rejoinder and denied the contentions of OP-1.
6. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice no. 436/09 dated 25.11.2015 of Rs.1,200/-, copy of receipt of internet services provided by OP to the consumer, copies of e-mail communications between the parties, copies of communication detail, copy of letter dated 10.06.2016 sent by the complainant to OP-2 regarding non-availability of bill details to applicant, copies of bills for MTS services, copy of legal notice dated 12.07.2016 sent by the complainant through his Counsel to OP-1 through e-mail and copy of e-mail communication dated 18.07.2016 between the parties.
7. On the other hand, Sh. Keshhav Tiwari, COO-Authorised Representative of OP-1 filed his affidavit in evidence. OP-1 has also filed written arguments.
8. This forum has considered the case of the complainant in the light of evidence of both the parties and documents placed on record by the complainant and OP-1. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. OP has failed to place on record and to prove any such government directions/rules that no telecom company shall provide details of roaming charges as name of place, date and time etc. The complainant has clearly stated in the
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complaint and in his affidavit that he has not gone out of Delhi and has not availed roaming facility and has thus challenged the bill raised by OP in respect of roaming charges. OP-1 has also miserably failed to respond to the queries of the complainant in raising the demand of detailed bill. Thus, OP-1 has indulged in unfair trade practice and there is deficiency in service on the part of OP-1. Accordingly, OP-1 is held guilty of unfair trade practice and deficiency in service.
9. Accordingly, OP-1 is directed as under:
i) To refund to the complainant an amount of Rs.127/- being the amount of roaming charges and taxes of Rs.111/- illegally charged from the complainant.
ii) To pay an amount of Rs.15,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.5,000/- towards cost of litigation.
10. The above amount shall be paid by OP-1 to the complainant within 30 days from the date of receiving copy of this order failing which OP-1 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP-1 fails to comply with the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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11. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 22ndday of October, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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