CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)x
New Delhi – 110 016
Case No. 351/2016
MS. EMAN ZAMAN
A4, PHASE –V, AYANAGAR
NEW DELHI-110047
………. COMPLAINANT
Vs.
- TATA TELESERVICES JEEVAN
2A OLD ISHWAR NAGAR
MAIN MATHURA ROAD,
NEW DELHI
- TATA TELESERVICES
JEEVAN BHARTI BUILDING
TOWER 1, 10TH FLOOR,
124 CANAUGHT PLACE
NEW DELHI
………….RESPONDENTS
Date of Order: 25/01/2019
O R D E R
H.C Suri-Member
This complaint under the Consumer Protection Act, has been filed by the complainant one Miss Eman Zaman, against Tata Teleservices, the OP, alleging that the complainant had bought a PhotonMax WIFI 11GB UL Plus device for inter connection from Tata Indicom some three years back with an unlimited plan package for a monthly rent of Rs.1200/-. It was installed at her residence vide Photon No.09212003204, account no.920023348, with an assurance for best possible after sales service and the highest speed of internet. It is submitted by the complainant that after some time, the internet speed became slow and she had to make phone calls to call centre. The response to her query was that there was a lot of load in her area resulting in the slow speed. It is further submitted that the complainant had to pay the monthly bill on time but the speed of internet became slow and finally they requested the OP to disconnect the connection somewhere in the month of December, 2015 but there was no active response from customer service. After a lot of persuasion, complaint received a mail for processing of her cancellation request on January 16, 2016 but before that the complainant was asked to pay the pending bills which were paid.
It is submitted that thereafter they received calls and emails from the OP to pay a further amount of Rs.1773/- for the period which pertained to the period after the processing of cancellation request. It is submitted that the complainant has been receiving threatening calls even when the case was pending with Delhi Govt. Mediation Centre.
The complainant has prayed that the OP should take back the device and refund the sum of Rs.2500/- paid by him and the bill of Rs.1773/- should be written off, as it pertained to the period after cancellation, and a compensation of Rs.50,000/- should be paid as compensation for mental torture and agony, in addition to Rs.5000/- towards other expenses.
Notice was duly served on the OP but it failed to file any reply or put in appearance through counsel or otherwise. OP was proceeded ex parte. The complainant filed ex parte evidence and deposed on oath all the relevant facts and allegations mentioned in the complaint, and also the written arguments. The complainant also addressed oral arguments.
We have considered the pleadings and documents filed by the complainant which has been supported by sworn affidavit. The complainant has filed the bills dated 9/1/2016 and 9/2/2016 and correspondence between the parties. The bill dated 9/1/2016 shows the billing period to be from 7/12/2015 to 6/1/2016. The bills shows monthly rental as Rs.1,200/-, taxes as Rs.174/- and total currant charges as Rs.1,374/-. The same bill also shows:
Previous Last credit note. Current Amount before Due Date Amount
Balance Payment adjustment charges due date After Due Date
______ - _______ +/ ________ + _______ = _________ ________ ___________
Rs.1374. Rs 0.00 Rs.0.00 Rs.1,488.50 Rs.2,863.00 payment immediate Rs.2,963.00
There is discrepancy between the total charges and the current charges in the bill. In fact the total current charges are shown as previous balance.
Thereafter, OP processed the disconnection request and the same was informed by email dated 16/1/2016. The relevant portion is reproduced as below:
The cancellation request for your TATA Photon number:9212003204 has been processed for internet disconnection.
The subsequent bill is dated 9/2/2016 and relates to billing period from 7/1/2016 to 6/2/2016. The monthly rental is shown as Rs.696.77/-. The instrument worked only for ten days that is from 7/1/2016 to 16/1/2016. The monthly rental of TATA photon is Rs.1,200/-. However, OP has charged Rs.696.77/- for ten days. This rental is not proportional to the number of days when connection was working. Hence we find OP indulging in unfair trade practice and direct it to pay Rs.4000/- as compensation and Rs.1,000/- towards litigation expenses.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(H.C SURI) (A.S YADAV)
MEMBER PRESIDENT
