Order-20.
Date-05/05/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that on 15th November, 2005 he purchased one Tata Indicom (CDMA) prepaid mobile along with set having No.9231510474 and it was purchased for emergency medical service and said service is rendered for general public and in fact, the said phone number was known to all public at large and in the said phone balance was 452-26 and validity period was up to March, 23, 2021 but suddenly Tata Company without information to the OP closed the service and for which the public at large faced several problems to keep contact with the emergency service of the complainant.
Thereafter, complainant reported the matter by E-mail to the OP against that they reported that address verification negative, thereafter, complainant visited the office of the OP again and again and thereafter, on 07-09-2012 complainant lodged a complaint to CA&FBP, ISRO, Brabourne Road but they had also failed to settle the matter for negative attitude of the OPs and consider the deficiency and negligent manner of service and also for deceitful manner of service complainant has also prayed for redressal and directing the OP to regular the said mobile service along with balance and further for harassing the complainant has prayed for compensation.
On the other hand, OP by filing written version submitted that the allegation is false and frivolous and as per the specific clause of Customer Application Forum mentioned in point no.2(e) that the OP2 has right to terminate the connection without any intimation to the customer if any information found incomplete and incorrect, though OP1 has given an opportunity to the complainant by sending one message for further submission of his personal identity and address proof but the complainant failed to provide the same and therefore, his connection has been disconnection on 14-07-2012 due to non-submission of identity proof documents. The complainant in spite of such disconnection till date did not submit identity proof and therefore, his connection has been permanently disconnected and it is to be noted that after receiving complaint from the complainant he OP1 vide letter dated 02-08-2012 intimated the reason of disconnection of his mobile connection and the complainant without proving necessary identity proof documents filed complaint before the Consumer Affairs Department and this complaint petition with the demand of compensation which is not tenable in the eye of law and OP1 disputed and denied the provision has made in the complaint are frivolous and false and for which it shall be dismissed.
Decision with Reasons
On proper consideration of the argument as advanced by the complainant himself and also the Ld. Lawyer for the OP. It is undisputed fact that complainant purchased the said mobile set along with the prepaid line. Fact remains it is undisputed that the mobile number of the complainant is 9231510474 and its validity period was up upto 23-03-2021 and it is also admitted fact that OP Company closed service back behind the knowledge of the complainant on 14-07-2012 and it is undisputed fact that mobile number was known to general public because the said mobile is used by the complainant for the purpose of emergency service and from the OP’s version it is clear that OP never reported to the complainant for what reason service of the said mobile number was disconnected or closed on and from 14-07-2012.
Anyhow, from the argument as advanced by the Ld. Lawyer of the OP we have gathered that OP has tried to convince that TTL has the right to check the credentials of the customer including the customer’s financial standing and to avail the service/s of any person or agency for such purpose. Obligation of TTL to provide the service/s (or any of them) shall always be subject to verification of the consumer’s credential as assessed or perceived by TTL and documents and if at any time, any information and/or documents furnished by the Customer is/are found incorrect or incomplete or suspicious, TTL shall be entitled to suspend/terminate the Service/s forthwith without any notice and that is the provision no doubt in the terms and condition for issuing prepaid line etc. Now, question is what type of information OP got that the customer as no financial capacity or any other condition has not been followed by the complainant and no doubt in this regard OP is silent they have failed to produce any document to show that there was any incompleteness of any information as filed by him at the time of purchasing the said prepaid line with set and or there is any suspicion in the mind of the OP regarding identity of the complainant or about his address. In this regard we have gathered the documents materials as filed by the OP that OP has not filed any document to show that complainant did not submit the details on the contrary it is found that on 07-09-2012 complainant submitted voter card and other materials to the CA&FBP and prior to that it is submitted to the OP but even then OP was kept silent. No document is filed by the OP to show that they sent the letter to the complainant for submitting any other document and complainant has specifically answered that he sent the customer application form before the OP for mobile connection; after receiving the SMS for upgradation and personal identity and address proof as advised by the Customer Care Authority and he went to Sree Agency, 1st Floor, 19, Aurobindo Sarani, Kolkata – 5 and submitted all relevant documents they asked for. But even then OP did not pay any heed and fact remains OP appeared before this Forum without any ammunition and tried to convince that they have their no deficiency. Whatever it may be, it is proved that private telecom companies are creating different types of problem to the customer without intimation to the customers and same is whimsical approach of private telecom service like TATA, Reliance etc. and there are not willing to give any explanation for disconnection and in this case also there is no paper to show or to prove by the OP that they sent letters and complainant did not comply. On the contrary it is found that in the said mobile No.9231510474 there is balance of Rs.452-26 and validity is upto 23-03-2011 and considering that fact it is clear that the disconnection of the said line by the OP is no doubt unwarranted, illegal and without any foundation and such type of disconnection on and from 14-07-2012 is the illegal act and by that act complainant has been harassed and in fact, emergency medical service to the public was also suffered for which it is proved that for negligent and deficient manner of service and deceitful manner of act of the OP complainant suffered a loss. Further fact is the OP1 in verification of the address of the complainant without considering the public service submitted by the complainant arbitrarily closed the said line which is uncalled for, illegal and arbitrary in nature and for which the complainant has suffered much for which the complaint succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest against the OP1 with a cost of Rs.5,000/- and the same is dismissed against the OP2 but without any cost.
OP1 is hereby directed to restore the said mobile line 9231510474 with the balance of Rs.452-26 at once within 30 days from the date of this order and also for causing suffering and mental agony and further causing mental agony to the general public from getting emergency medical service from the complainant OP shall have to pay Rs.10,000/- to the complainant as compensation.
OP1 shall have to pay the entire decretal amount and to comply the order within one month from the date of this order failing which for non-compliance of the Forum’s order and disobeyance of the Forum’s order penal interest at the rate200/- shall be assessed till full satisfaction of the decree but even after this it is found that complainant is disobeying the Forum’s order in that case OP1 shall be prosecuted u/s.27 of the C.P. Act for which further penalty and fine may be imposed.
