DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 142/2012
Date of Filing: Date of Admission Date of Disposal:
09.05.2012 30.05.2012 08.09.2015
Complainant/s = Vs. = O.Ps.
Sri Iswar Ch. Maiti, 1. Tata Tele Services Ltd,
S/o. Late Shyam Charan Maiti, Srijan Tech Park, 12th floor,
10, S. K. Deb Road, (4th Bye-Lane), BN-52, Sec-V, Salt Lake City,
Aishik Apartment, Kolkata- 700091.
Flat No.B-2, 2. Tata Tele Service Ltd,
Kol-48. Srijan Tech Park, 12th floor,
BN-52, Sec-V, Salt Lake City,
Kolkata-700091.
Advocate for the Complainant:- Prabhas Ch.Biswas and another.
Advocate for the OPs:- .
P R E S E N T :- Smt. Bandana Roy ………………….President
:-Sri Rabideb Mukhopadhyay…….Member
J U D G E M E N T
Facts of the case, in short, is that the complainant took a connection of the service rendered by the O.P in the last part of February, 2011 by depositing photocopy of his voter ID Card with countersigned and one copy of photo and a SIM Card also issued in the name of the complainant which was handed over having mobine No. 9831390015.
The complainant stated that thereafter the complainant recharged his account by paying Rs. 100/- in the month of March 2011 and thereafter to get the discontinued service from the O.P the complainant again recharged his mobile phone account by paying of Rs. 300/- in the month of April, 11 and by this fachion the complainant got the uninterrupted service from the O.P till the last part of April, 11 as in the last part of April, 2011 the O.P again asked to the complainant to submit the relevant document i.e. the photocopy of his voter ID Card duly countersigned by the complainant and his one copy of photo and accordingly the complainant to get the uninterrupted service from the O.P immediately complying the said request by submitting a photocopy of his voter ID Card duly countersigned by him and his one copy of photo to the agent of the O.P without going in any contradiction.
Dictated and corrected Contd. …. 2/-
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The complainant further stated that despite complying the request of the O.P by the complainant it is most unfortunate that the said mobile phone connection was disconnected at the instance of the O.P without any prior intimation to the complainant while the balance show Rs. 60.53 and since 9th June 2011 the O.P deliberately and detrimentally did not provide any service to the complainant without showing a reasonable cause or excuse.
The complainant also stated that thereafter the complainant without finding no other alternative duly informed such facts and deficiency of service from the side of the O.P to the Director, Consumer Affairs & Fair Business Practices, Government of West Bengal at 8B, Nelie Sengupta Sarani, Kol-87 by making a complaint dated 16.06.11 which was duly received by the said Authority on the same date. By considering such representation exposing the grievances of the complainant the Director, Consumer Affairs & Fair Business Practices, Government of West Bengal sent a letter to the Assistant Director, Consumer Affairs & Fair Business Practices, 2, Barrackpore Road, Nabapally, Maya Bhavan, P.O. and P.S. Barasat, Dist- North 24 Pgs to mediate the matter for settlement and the copy of the same also sent to the complainant vide Memo No. 1383/1(1) /C & F/90/CGRC/11-12 dated 11.07.11.
The complainant further stated that thereafter the Assistant Director, CA and FBP, North 24 Pgs, Barasat initiated a case vide 37/11-12 and sent a notice vide Memo No. 385(1)/FBP/PGN/11 dated 11.08.11 to the complainant with a request to attend a meeting personally or through authorized representative on 05.09.11. On receiving the said notice the complainant on 05.09.11 duly appeared before the said concerned Authority i.e. the Assistant Director, C.A and F.B.P, but no person or any representative came at the said meeting and thereby the O.P evade to appear in the said meeting to avoid to give any explanation for their deficiency of service towards the complainant in connection with the said mobile phone connection and finally the said case was dropped and requested to the complainant to proceed with this Ld. Forum for redress of the grievance of the complainant and such facts was also duly informed to the complainant by a letter vide Memo No. 475/FBP/PGN/11 dated 10.10.11.
The complainant also stated that for the acts of the O.Ps the complainant suffered a lot as the said numbers already given to various known persons including his students and sudden disconnection of his mobile phone may give an impact to the students as well as to the known persons of the complainant that due to non-payment of the charges or for any illegally the said connection was
Dictated and corrected Contd. …. 3/-
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discontinued at the instance of the O.P and in that event the prestige and status and placement of the complainant in mind of the right thinking person may affect and the complainant is now seriously mentally depressed for that reason.
The complainant further stated that from the acts and conducts of the O.Ps it is evident that the activities of the O.Ps is negligent and deficient from the part of their service and also guilty within the meaning of unfair trade practice under the said act. Hence the complaint.
The O.Ps have contested the case by way of filing written version.
The O.Ps stated that the complaint petition is not maintainable before the Ld. Forum as the Ld. Forum has no jurisdiction to try and adjudicate the case. The complaint petition is a pre-matured one, as no case of action has been arose against the O.P.
The O.Ps further stated that the complainant was a subscriber of Airtel and voluntarily opted for Mobile Number portability to avail the telecommunication service of O.P in the month of February, 2011. At the time of activation of MNP, document has been provided regarding his identity proof and the complainant signed the Customer Application Forum of the O.P. As per the specific clause of Customer Application Form mentioned in point No. 2 (e) that the O.P. No.2 has right to terminate the connection without any intimation to the customer if any information found incomplete and incorrect, though O.P. No.1 has given ample opportunity to the complainant by sending message five times between April to June 2011 for further submission of his personal identity and address proof. But the complainant failed to provide the same and therefore, his connection has been disconnected on 13.07.11 due to non-submission of identity proof documents.
The O.Ps further stated that usually in the matter of MNP if the number discontinued for three months then the number will be returned to the original operator. In this case also, the same thing happened. MNP was held, the customer has not given the required KYC and hence the number has been disconnected on and from 13.07.11 which discontinued for three months and ultimately the number had been returned to original operator and the O.P has no role in this regard. Hence the O.Ps prayed for dismissal of the case.
Dictated and corrected Contd. …. 4/-
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Point for Decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision with Reasons
Complainant filed affidavit in chief and documents in support of their contention. Ld. Advocate appearing for the OPs submitted that “any dispute relating to telephone matters shall be settled through arbitration as provided under section 7B of the Indian Telegraph Act, Ld. Advocate appearing for the OP/complainant submitted that the question of application of the said arbitration provisions did not arise in so far as the OP is not a Telegraph Authority as defined under the Telegraph Act and since the said OP is not a Telegraph Authority, the decisions of the Hon’ble Apex Court as cited by them will also not apply.
Section 7B of the Telegraph Act reads as follows:-
- Except as otherwise expressly provided in this Act, if any dispute concerning any telegraph line, appliance or apparatus arise between the telegraph authority and the person for whose benefit the line, appliance or apparatus is or has been provided, the dispute shall be determined by arbitration and shall, for the purpose of such determination, be referred to an arbitrator by the Central Government either specifically for the determination of that dispute or generally for the determination of disputes under this section.
- The award of the arbitrator appointed under sub-section (1) shall be conclusive between the parties to the dispute and shall not be questioned in any court.”
It appears Hon’ble State Commission has already observed that there is no dispute about any bill in respect of the mobile connection of the complainant but the dispute relates service provided by the OPs. Question is whether OPs are deficient in rendering service to the complainant. Admittedly complainant in Feb, 2011 took the mobile telephone connection (9831390015) from the OPs service provider, but said mobile service disconnected by the OPs without any prior intimation though in his account there was a balance of Rs 60.53/-. Since 9th June, 2011 OPs deliberately did not provide any service to the complainant and no reason for such withdrawal of service was furnished. OPs could not give satisfactory explanation in this regard. Complainant has prayed for compensation form the OPs for the deficiency of service. Considering the action of the OPs regarding disconnection of the mobile service, we are of the view that complainant is entitled to get compensation, litigation cost from the OPs.
Dictated and corrected Contd. …. 5/-
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Hence
Ordered,
Complaint and same be allowed on contest against the OPs.
OPs are also directed to pay compensation of Rs 10, 000/- and Rs 3,000/- as litigation cost to the complainant within one month from the date of this order, failing which OPs shall have to pay sum of Rs 100/- per days from the date of this order till it realization, as punitive damages, which shall be deposited by the OPs in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
