Present complaint under Section 12 of the Consumer Protection Act, 1986 as amended upto date has been filed by complainant Sanjeev Kumar Jindal against opposite parties i.e. Spice Communications Ltd. C-105, , Phase-VII, Industrial Area, Mohali. and also M/s Navyug Industries, , opposite Vaternity hospital, Railway road, Kapurthala through its Prop. seeking direction against them to pay amount of Rs. 737/- illegally charged by the opposite party alongwith monetary compensation on account of deficiency in service on the part of opposite parties.<br /> 2. Brief facts in the complaint are that complainant has been using mobile connection bearing No.98148-38465 of the opposite party and has been paying the bills regularly. It is alleged that promotional calls of their business were also received from the opposite party thereby causing harassment and inconvenience . He was given facility of 200 free SMS for the period of each calendar month of the year but the complainant has been charged Rs.82/- plus service tax pertaining to the period of November and August 2007 for sending SMS though he sent 125 and 82 SMS in these months under the limit of 200 free SMS. Likewise opposite party also illegally charged Rs.25/- plus service tax from September 2007 till date under different heads about which they failed to give proper explanation . Suddenly on 21/7/2008 his outgoing facility on the mobile connection in question was barred due to which he suffered great mental tension at the hands of opposite parties which amounts to deficiency in service on their part. Hence this complaint. <br /> 3. Opposite party No.1 appeared but failed to file written statement. Opposite party No.2 also did not appear nor filed writen statement, so they were proceeded exparte. <br /> 4. In exparte evidence complainant produced affidavit Ex.C1 and bills Ex.C2 to C10.<br /> 5. We have heard arguments of learned counsel for complainant and perused the record. Complainant reiterated his allegations in the affidavit Ex.C1 about illegal charges of SMS for the months of August and November 2007 despite being within free limit of 200 SMS. We have gone through the documents and find that SMS calls for the months of August and November 2007 fall within the range of 200 free SMS and as such is not liable to pay the charges. To that extent call charges are quashed out of the amount of Rs.737/- and other miscellaneous charges clearly reflected in the bills. Therefore, we accept the complaint partly and direct the opposite parties not to recover the SMS charges for the months of August and November 2007 with further direction to pay the complainant monetary compensation to the tune of Rs.2000/- for mental agony and physical harassment besides Rs.1000/- as costs of litigation within one month from the receipt of copy of this order.<br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : ( Gulshan Prashar ) ( A.K. Sharma )<br /> 17.10.2008 Member President.