1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K.ANIRUDHAN (MEMBER) Sri. Boby Bose has filed this complaint before this Forum alleging deficiency in service on the part of the opposite parties. The contentions of the complainant is that the agent of the opposite parties approached the complainant and installed their telephone with account No. 800386800 and telephone No. 0477-5531402 after collecting a sum of Rs. 1,000/- by way of security deposit. The complainant has remitted the bill amounts in due dates. While so, on 30-05-2006, he remitted Rs. 729/- by cheque No. 218622 dated 01-06-2006 for the month of May 2006 and that the opposite parties collected the amount. But thereafter the opposite party terminated the outgoing call service of the telephone connection on 07-06-2006. In this time, the opposite party issued another bill to the complainant dated 15-06-2006 for a sum of Rs. 729/-. The complainant complained about the matter to the 2nd opposite party. 2nd opposite party assumed that they will reinstall the telephone service. Since there was no relief, the complainant filed a petition before the 2nd opposite party about the termination of the said service. There were no positive steps. Hence the complaint. 2. Notices were issued to the opposite parties. They entered appearance and filed version. In the version the opposite party has stated that the records of the office of the 2nd opposite party did not disclose the receipt of the cheque in time and that the no credit of the amount covered by the cheque to the account of the complainant came to the notice of the opposite party only, when the complainant was received by the opposite party. It is further stated that these has not been any willful deficiency on the opposite party. 3. The complainant has filed proof affidavit and produced 4 documents in evidence, marked as Exts. A1 to A4. Ext. A1 document is the Bill dated 15-06-2006 for a sum of Rs. 1,253/- for the month of June 2006. Ext. A2 series is the Bill dated 15-05-2006 for a sum of Rs. 729/- for the month of May 2006. Ext. A2 series is the Bill dated 15-05-2006 for a sum of Rs. 776.14/-. Ext. A3 is the Bank account statement showing the remittance to M/s. Tata Tele services for a sum of Rs. 729/-. Ext. A4 is the letter of the complainant to the General Manager, Tata Indicom regarding the grievances. 4. Considering the contentions of the parties this Forum has raised the following issues: 1) Whether there is any deficiency in service on the part of the opposite parties? 2) Relief and Cost. 5. Issues 1 and 2:- The documents given in evidence by the complainant shows that he has remitted the amounts in due date and there is no arrear amount pending by way of pay rent. But without verifying the genuineness of the remittances, the opposite party has terminated the outgoing call service of the telephone connection. The reason for these aspects put forwarded by the opposite party has no locus standi and it cannot be accepted as a valid ground for termination of service. This was occurred due to the irresponsible way of handling matters like termination of service, even though there was no default in remittance on the part of the complainant. This kind of gross negligence on the part of the opposite party will amounts to deficiency in service and the opposite party has to compensate for this. Hence we are of the view that there is deficiency in service on the part of the opposite party and complaint is to be allowed. The issues are found in favour of the complainant. 6. In the result, we direct the opposite parties to pay a compensation of Rs. 25,000/- to the complainant for deficiency in service by termination of outgoing call service of the telephone connection and for mental agony hardship and inconvenience caused to the complainant, and a cost of Rs. 2,000/- (Rupees Two Thousand only) for this proceedings. We further direct the opposite parties to pay the said amounts within one month from the date of receipt of this order. Complaint allowed. Pronounced in Open Forum on this the 25th day of July, 2008. Sd/- SRI. K.ANIRUDHAN Sd/- SRI. JIMMY KORAH Sd/- SMT. N.SHAJITHA BEEVI APPENDIX Evidence of the Complainant:- Ext. A1 15-06-2006 Original Bill Ext. A2 15-05-2006 Series of bill Ext. A3 Photocopy of Bank Account statement Ext. A4 Photocopy of letter to the General Manager Evidence of the Opposite parties: RW1 28-06-2008 Boby Joseph // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/SF Typed by: Sh/- Compd by:
