MR LAXMI NARAYAN PADHI, PRESIDENT…                       The factual matrix of case is that, the Complainant is a prepaid subscriber of OP bearing SIM No.9556545876. He contends that without any request the OP above unilaterally activated four unwarranted services with his sim namely silk, superstore, lifestyle dressing room & modelmaniaw and deducted Rs.140/- from his prepaid account. Though the complainant being a practitioner advocate but he never aware about the services or use of these unwarranted activations. Hence the complainant requested the OP to stop the services on dt.14.4.2016 at about 6.35 a.m. through the customer care of OP which was register on the same day at 8.03 p.m. to which the OP issued a ref no. CBDOV20414500621. But the complainant has seen that instead of request the OP again renewed the services. Hence the complainant again request the OP over phone to credit the deducted amount but the OP refused to refund the same and averred that, "there is no such provision in our company to refund money which is already paid for services already rendered".  So the complainant vehemently contends that the action of OP is amounts to gross negligence and deficiency in service, for which act the Complainant inflicted mental stress, physical pain and financial hardship. So he prayed before the Forum to direct the OP to credit the deducted amount of Rs.140/- and a sum of Rs.90,000/- as compensation and Rs.5,000/- as cost of litigation.

2.         The counsel for OP entered his appearance on call and filed counter in the case wherein he specified nothing except evasive denials. The complainant has filed persuasions messages of OP along with his affidavit. The counsel for complainant & OP minutely heard the case at length and perused the record.

3.         From the above submissions, it reveals that the complainant is a prepaid subscriber under the OP having his Sim number.9556545876. It is seen that, without prior any request the OP activated 04 number of services to the sim of complainant. It is also seen that the complainant immediate approached the OP requesting to deactivate the services and for refund the deducted amount of Rs.140/- but the OP neither credited the amount nor replied the complainant in lenient manner. Perusing the evidences, submissions by the complainant, we are of the view that, the OP arbitrarily handed with the complainant and failed to render any satisfactory service to the persuasions of complainant. Thus the complainant suffered from mental strain, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP, hence he craves the leave of this forum and prayed for legitimate compensation. It is further noticed that, the instant case was lodged on dt.16.05.2016 and notice has been issued to the OP vide this office/forum memo no.253 but despite receiving notice of this forum the OP.s are failed to take any positive steps to settle the matter of complainant and there is nothing doubt in the contentions and evidences by the complainant, hence we feel that the action of OP is illegal, highhanded, arbitrary and unfair which amounts to gross negligence and deficiency in service, hence found guilty under the provisions of the C.P.Act 1986, hence the complainant is lawfully entitled for compensatory relief. As thus the complaint is allowed against OP with costs.                                                                    O  R  D  E  R

i.          The opposite party supra is hereby directed to pay Rs.140/- (Rupees one hundred & forty) towards the 04 Nos of service cost, inter alia, to pay Rs.3,000/-(Three thousand) as compensation and a sum of Rs.500/-(Five hundred) as cost of litigation to the complainant.

            Pronounced on this the 19th day of Oct' 2016.

             Sd/-                                                             Sd/-

         MEMBER                                        PRESIDENT, DCDRF,

                                                                        NABARANGPUR.