By Sri. M.S. Sasidharan, Member: The complainant’s case is as follows: The complainant availed a mobile phone connection from the 2nd respondent on 30.8.05. The 2nd respondent received Rs.3035/- on 30.8.05 and Rs.1075 on 1.10.05. The complainant has opted the 149-150 plan. Accordingly he has to pay Rs.149/- as monthly rent. But the respondent changed the plan 199 without any consent from the complainant. So the rent has increased to Rs.199/-. The complainant paid the bills issued by the respondents. At the time of availing the mobile connection the complainant was given a land phone as free and the complainant was made to believe the charges for the calls to the land phone from the mobile phone will be free. The complainant approached the respondent and requested to continue in the old plan. Even though the respondents agreed the bills issued were in the new plan. The complainant remitted Rs.450/- on 29.3.2008. But the mobile connection was disconnected stating that the amount remitted is not seen in the accounts. Hence the complaint. 2. The 2nd respondent called absent and set exparte. 3. The first respondent filed a counter to the following effect. The mobile connection was activated on 31.8.05. It is not correct that the calls from mobile phone to the land phone are free. The respondents never announced such a scheme. The first respondent gave a land phone connection when the customer avails a mobile phone connection under combo offer. As per this scheme calls from walky to mobile phone is free. So the complainant is bound to pay the charges for the calls from mobile to walky. The calls from walky to mobile were not charged. It is also not correct that the plan was changed to 199 without the consent of the complainant. The scheme was changed as per the complainant’s request through the bill. The complainant’s mobile connection is even active and the land phone was disconnected because of non-payment. Hence dismiss the complaint. 4. The points for consideration are: (1) Is there any unfair trade practice in this case? (2) If so, reliefs and costs. 5. The evidence consists of Exts. P1 to P4. The respondents have no evidence to produce. Both of them have no oral evidence to adduce. 6. Points: The complainant’s case is that at the time of availing mobile connection he opted 149-150 plans. Accordingly he has to pay Rs.149/- as rent. But the plan was changed to Rs.199/- without his consent. He was given a walky when he avails the mobile connection. It was assured that the calls from mobile phone to the walky will be free for one year. But no free calls were allowed. And the respondent cut the phone connection even though the amount was remitted. The counter is that the plan was changed to 199 as per the complainant’s request through his bill. And the calls from mobile phone to the walky are not free. The respondents give a land phone connection free when the mobile connection is taken under combo offer. And the calls from walky to mobile are free. Hence the complainant is bound to pay the charges in respect of the calls from mobile to walky. The mobile connection is active and land phone was disconnected because of non-payment. 7. The plan was changed from 149-150 to 199. The respondent stated that the change is made as per the complainant’s request through the bill. But no evidence has been produced in this regard. The complainant has stated that the respondent assured that the calls from mobile phone to walky will be free for a period of one year. But no evidence is produced in support of his claim. The respondent has stated that the land phone connection was disconnected because of non-payment. But Ext. P4 receipt bears the DCL No.4875533317. So it is evident that the complainant has remitted the bill in respect of his land phone. 8. In the result, the complaint is allowed and the respondents are directed to restore the original plan opted by the complainant and refund the excess amount collected from him and also to pay Rs.1000/- (Rupees one thousand only) as compensation within one month from the date of receipt of copy of this order. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 21st day of October 2010.
| | [HONORABLE Rajani P.S.] Member[HONORABLE Padmini Sudheesh] PRESIDENT[HONORABLE Sasidharan M.S] Member | | 
