Advocate for the complainant- None.
Advocate for the O.Ps 1 & 2 -Sri S.K.Mohanty & Associates.
Advocate for the O.P.No.3 - None.
Date of filing of the case-01.07.2016
Date of order -30.08.2017.
JUDGMENT.
Sri A.K.Purohit, President.
1. The case of the complainant is that, he is a post paid user of the mobile service provided by the O.Ps vide mobile number 9040369733. For the aforesaid service the complainant deposited Rs 1,000/- towards security deposit before O.P.3 and obtained a 899 plan, wherein the credit limit is Rs 1,500/- .The complainant alleges that although the credit limit of the said plan is Rs 1,500/- he is receiving bill amount which is exceeding the said limit and not in accordance with the plan provided by the O.Ps. The complainant further alleges that, although he has requested the O.Ps to change his post paid service to a prepaid service but the O.Ps did not listen to the same and sending illegal land irregular bills. Hence the complaint.
2. Although notice has been served on O.P.3 neither he appeared nor filed his written version and hence he was set exparte vide order dt.28.06.2017. The Ops 1 & 2 have contested the case by filing their written version jointly. The O.Ps have denied the complainant’s allegations and submitted that, initially the credit limit has been fixed at Rs 1,500/- but as per the conditions of the Tata Docomo Bill, credit limit is the sole discretion of TTSL and credit limit is just an indicator of monthly usage but the complainant is liable to pay for all calls and services exceed the said limit. Hence the O.Ps have raised bill as per the calls and services provided to the complainant and there is no deficiency in service on their part.
3. Heard both the parties. Perused the pleadings and material, available on record. Before going into the merits of the case the learned advocate for the O.Ps raised a preliminary objection relating to territorial jurisdiction of this Forum and submitted that, the O.Ps are resident of places other than Bolangir and the cause of action arose at Cuttack wherein the complainant applied for post paid service and hence this forum has no territorial jurisdiction to decide the case. On the other hand the complainant submitted that bills are being paid at Balangir through online process and hence part of the cause of action arose at Bolangir and hence this forum has jurisdiction to decide the matter.
4. Perused the materials available on record. It is true that, the O.Ps are resident of places other than Bolangir. It is also true that, the complainant applied for the service at Cuttack. It is seen from the bill issued by the O.Ps that, the bills are issued since 15.11..15 on each month and the bills are paid by the complainant through E-bill payment. The complainant is a practicing advocate of Bolangir and is paying the bill at Balangir through online process and hence part of cause of action arose at Balangir. Hence this Forum has jurisdiction to decide the case.
5. Coming to the merits of the case, the only grievance of the complainant is that, he was denied with the prepaid service. When the complainant wants to change his service from post-paid to prepaid, there is no reason for the O.Ps to deny the same. The O.Ps have also not produced any evidence to show the circumstances for their refusal to the same. With these materials available on record, it is concluded that the O.Ps are under obligation to provide pre-paid service after receiving all the dues from the complainant. Hence ordered.
ORDER.
The O.Ps are directed to change the TATA DOCOMO number 9040369733 of the complainant into a pre-paid service and to issue a revised bill after adjusting the security amount if any immediately after receiving this order. The O.Ps are further directed to pay Rs 2,000/- (Rupees Two thousand only) towards cost to the complainant within one month from the date of receipt of this order.
Accordingly the case is disposed off.
Order pronounced in open forum this the 30th day of August 2017.
(S.Rath) (G.K.Rath) (A.K.Purohit)
Member. Member. President.
