Tamil Nadu

North Chennai

80/2014

S.RaviKumar,S/o.S.Sreedhavanaiken - Complainant(s)

Versus

Sub Divisional Engineer - Opp.Party(s)

Party in person

31 Oct 2016

ORDER

                                                              Complaint presented on  :  16.04.2014

                                                                   Order pronounced on  :  31.10.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 31^st   DAY OF OCTOBER  2016

 

C.C.NO.80/2014

 

 

Mr. S.Ravikumar,

S/o S.Sreedhara Naicken,

Old No.31/2, New No.46,

Sundaram Pillai Street,

Purasawakkam – PO

Chennai – 600 007.

                                                                             ..... Complainant

 

..Vs..

Sub Divisional Engineer,

Customer Service Centre,

Flower Bazar, CSC, BSNL,

Tamil Nadu. Chennai – 01.

	...Opposite Party

Date of complaint                                   : 21.04.2014

Counsel for Complainant                       : Party in Person

Counsel for   opposite party                     : Sri Hariram Variar

 

 

 

 

           

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1. THE COMPLAINT IN BRIEF:

          The Complainant is using the Opposite Party’s prepaid mobile numbers 9444675337 and 9445796735.  From 19.02.2013 onwards through SMS different amount were regularly deducted by service messages automatically without the consent of the Complainant. The Complainant visited and complained at the customer care office of BSNL, Periamet on several times, however the same was not rectified. He also sent SMS to deactivate the VAS (Value Added Service) and automatic deduction of amount from his mobile phone. The Complainant also complained at the customer care centre BSNL, Flower Bazzar. But no one rectified the faults. On 07.06.2013 the Complainant registered a Complaint by voice call customer care service no.155223. Even after that the Opposite Party not rectified the defect. On 07.08.2013  as the SIM of mobile 9445796735 has to be recharged and due to the automatic deduction of amount the Complainant has not recharged the same, Rs.62/- talk time kept pending so that it can be recharged after ratification of the same by the Opposite Party. But on 22 August 2013, without the consent or request of the Complainant the Opposite Party has recharged the same automatically and deducted Rs 43.61/- from the account and recharged it up to  18.02.2014. Then again the Opposite Party on 30.08.2013 at 10.55 AM deducted Rs.8/- from the account automatically by using service message for which a Complaint is already pending before the Opposite Party. So it is crystal clear that Opposite Party knowingly doing an unlawful act and it is a clear case of injustice done to the Complainant. The Complainant made several Complaints to the BSNL Periamet , BSNL Flower Bazzar, Commissioner of Civil supplies and  Consumer Protection Act. However there was no proper response by any authority and redressed the grievances of the Complainant. Hence the Complainant filed this Complaint for the deficiency committed by the Opposite Party and claiming to refund the detected amount of Rs.2,000/- for VAS and compensation with cost of the Complaint.

2. WRITTEN VERSION OF THE OPPOSITE PARTY IN BRIEF:

          The Opposite Party admits that the Complainant is having mobile number 9445796735 & 94446753337. The Opposite Party has not received any Complaint for the mobile number 9444675337. An SMS Complaint was received to deactivate the Value Added service provided to the mobile No.9445796735. Docket no. Fo1CH395060 was booked on 01.06.2013. The same was deactivated and an amount of Rs.5/- was refunded to the customer by the content provider for the service 55678. So the Complainant’s request was complied with immediately and hence the Complainant’s allegation that his request does not evoke any response is not at all correct. Sri S.Ravikumamr to deactivate the value added service provided by the content provider 59797. This time too, the request of the customer Sri S.Ravikumar had been complied with properly. It is also stated that for the Docket No FOICH336365, booked as per the request of the customer the service was deactivated by the content provider 55678 and an amount of Rs.5/- was refunded by the content provider.  After analyzing the logs, the department has asked the content provider to refund the entire amount of Rs.8/- deducted from the customer and the said amount was credited to the customer. An amount of Rs.41.50/- (After service TAX) was also credited to the customer. From the month of February onwards the customer’s entire calling call data recorded was analysed. After analysation, an amount of Rs.18/- and Rs.41.50 were refunded to the Complainant by the content provider service no.55678. Hence the Opposite Party redressed all the grievances of the Complainant and he had not committed any Deficiency in Service and this Complaint is not maintainable and prays to dismiss the same with costs.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO: 1

          The Complainant is having mobile numbers 9445796735 & 94446753337 of the Opposite Party service provider. According to the Complainant  through SMS different amounts were regularly deducted by service messages automatically without the consent of the Complainant from his mobile number and he made Complaint at Periamet BSNL office and Flower Bazzar BSNL office and however they have not rectified the same and on 22.08.2013 without the consent of the Complainant the Opposite Party has recharged and automatically deducted a sum of Rs.43.61/- from the account of mobile number 9445796735 and again on  30.08.2013 a sum of Rs.8/- was deducted by using service message and thereafter the same thing was continued and inspite of several Complaint given to the various authorities the same was not rectified and hence the Opposite Party committed Deficiency in Service.

          5. The Opposite Party would reply that the grievances were redressed then and there and therefore he has not committed Deficiency in Service.

          6. Ex.A2 & Ex.A3 is the Complaint given to the BSNL, Flower Bazzar office Ex.A4 & Ex.A5 are the Complaints given to the Consumer Protection Department. Ex.A6 to ExA12 also complaints forwarded to various authorities in respect of the Complainant’s Complaint. Ex.B1 to Ex.B5 is status report filed by the Opposite Party in respect of Complainant mobile no.9445796735. In the said status report stating either closed or deactivated. All status report relates to refund of status to the Complainant. Therefore Ex.B1 to Ex.B5 admittedly proves that from the Complainant mobile no.9445796735 amounts have been regularly deducted and that is why the Opposite Party entertained the Complaint of the Complainant to refund the deducted amount to him. This fact clearly establishes that the Opposite Party while providing service to the Complainant mobile, they  have wrongly deducted the amount from him and therefore we hold that the Opposite Party has committed Deficiency in Service.

7. POINT NO:2

          Though the Complainant made several Complaints that the amount from his mobile was deducted by the Opposite Party while providing service to his mobile, there is no definite evidence on behalf of the Complainant to establish that what was the actual quantum of amount was deducted from his mobile connection. There is no basis for the Complainant sought refund of amount of Rs.2,000/- which was deducted towards  VAS and hence we are not inclined to order any refund of amount . However due to frequent deduction from the Complainant mobile without his consent caused sufferings and mental agony to him is accepted and therefore it would be appropriate to order a sum of Rs.1,000/-  for compensation for mental agony, besides a sum of Rs.5,000/- towards litigation expenses.

 

          In the result the Complaint is partly allowed. The Opposite Party is ordered to pay a sum of Rs.1,000/- (Rupees one thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 31^st day of October 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 19.02.2013	List of Complaint docket number registered to BSNL by the Complainant with effect from 19 Feb 2013.
Ex.A2 dated 25.03.2013	Written Complaint vide letter number pers/06 received by CSC,BSNL, Flower Bazar
Ex.A3 dated 28.05.2013	Written Complaint send by post vide letter number 9512068/Pers/12 to SDE, BSNL, Flower Bazar
Ex.A4 dated 20.08.2013	Written Complaint vide letter number 9512068/Pers/17 to The Commissioner Consumer Protection Department, Ezhilagam
Ex.A5 dated 10.09.2013	Written Complaint vide letter number 9512068/Pers/21 to the Commissioner Consumer Protection Department, Ezhilagam
Ex.A6 dated 17.09.2013	Complaint under sec 12 of the Consumer Protection Act handed over to Mr.Dharmarajan, Advocate Mediation Advisory Centre, SCDRC, Mylapore as per the directions of Mrs Vijay Thilakam, Complaint cell In charge, Consumer Protection Department
Ex.A7 dated  19.09.2013	Copy of forwarding of Complaint by Consumer Protection Department to BSNL vide letter No.26467/13 dated 11.09.2013 signed on 19.09.2013
Ex.A8 dated 09.12.2013	Written Complaint vide letter number 9512068/pers/30 to the Commissioner Consumer Protection Department, Ezhilagam
Ex.A9 dated 20.01.2014	Copy of reply forwarded by the BSNL advocate to Consumer Protection Department, send vide letter number 26467/13 dated 20.01.2014 signed on 24.01.2014
Ex.A10 dated 19.02.2014	Written Complaint vide letter number 9512068/pers/46 dated 19.02.2014 to the Commissioner Consumer Protection Department, Ezhilagam
Ex.A11 dated 25.02.2014	Written Complaint vide letter number 9512068/pers/47dated 25.02.2014 to the Commissioner Consumer Protection Department, Ezhilagam, IV Floor, Chepauk send by registered post with acknowledgement.
Ex.A12 dated 07.03.2014	Copy of forwarding of direction to file the Complaint to SCDRC by Consumer Protection Department to the Complainant vide their letter No.4383/2014 dated 07.03.2014 2013 signed on 10.Mar 2014.

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:

Ex.B1 dated 04.12.2013                   Status Report       01.06.2013

Ex.B2 dated 04.12.2013                   Status Report       01.06.2013

Ex.B3 dated 04.12.2013                   Status Report       08.06.2013

Ex.B4 dated 04.12.2013                   Status Report       25.09.2013

Ex.B5 dated 04.12.2013                   Status Report       25.09.2013

 

MEMBER – II                                                               PRESIDENT