Karnataka

Mysore

CC/08/148

Suresh M.L. - Complainant(s)

Versus

TATA Teleservices Limited - Opp.Party(s)

27 Jun 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MYSORE
No.845, 10th Main, New Kantharaj Urs Road, G.C.S.T. Layout, Kuvempunagar, Mysore - 570 009
consumer case(CC) No. CC/08/148

Suresh M.L.
...........Appellant(s)

Vs.

TATA Teleservices Limited
The Manager
...........Respondent(s)


BEFORE:
1. Smt.Y.V.Uma Shenoi 2. Sri D.Krishnappa3. Sri. Shivakumar.J.

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Heard the counsel for the Opposite party and the complainant who is in person in pursuance of a move of settlement of this case. The learned counsel representing the Opposite party submitted that the Opposite party will waive the amounts claimed except Rs.90 charged for using service of the Opposite party for one month whereas the complainant who is in person submits that he has surrendered instrument well in advance and the Opposite party has charged him for one month even after surrender, therefore he is not liable and further submitted that the claim of the Opposite party for Rs.750/- was shocking to him and he was not liable and therefore the Opposite party has caused deficiency in its service in making such illegal claim. The learned counsel representing for the Opposite party submitted, that because of computer error, the bill had been sent to him, which was inclusive of Rs.90/- payable by the complainant. However, the Opposite party has now agreed to totally waive the amount claimed from the complainant and thereby submitted for closing the complaint.As could be seen from the materials placed before us and on hearing both the side, though the error is said to be of computer, but we do not totally agree with the submission of the counsel for the Opposite party because that error in the computer cannot occur without the intervention of the officers of the Opposite party and they should have careful in generated such bill. Therefore we hold that act of the Opposite party amounts to deficiency, which has further resulted in this Opposite party giving scope for litigation before this Forum which has taken some time in this Forum and caused loss to the exchequer on such litigation. Under these circumstances, we propose to direct the Opposite party to pay Rs.1,500/- as total damages to the complainant and Rs.2,000/- shall be remitted to the Legal Aid Account of this Forum. With this, we pass the following order:-ORDERComplaint is allowed in part.The Opposite parties are held jointly and severally liable and shall pay Rs.1,500/- to the complainant and remit a sum of Rs.2,000/- to the Legal Aid Account of this Forum within one month from the date of this order, failing which they shall pay interest at 10% p.a from the date of this order till the payment.Give a copy of this order to both the parties according to Rules.




......................Smt.Y.V.Uma Shenoi
......................Sri D.Krishnappa
......................Sri. Shivakumar.J.