DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                                               CONSUMER  COMPLAINT  CASE NO. 134 OF 2017

Anil Kumar Goel (56 yrs),

S/O: Mohanlal Goel,

Occupation:- Legal Practitioner,

R/O: Sarbahal Road,Jharsuguda,

PO/ PS/ Dist: Jharsuguda, Odisha...........……………..……..……….…. Complainant.

                                           Versus 

1. The Circle Officer, Tata Docomo,

Tata Teleservices Ltd.,Bhubaneswar Circle Office,

Module ANB 4^th Floor,Fortune Tower, Chandrasekharpur,

Bhubaneswar- 751023.

2. Managing Director, Corporate Office,

Tata Teleservices, A, E & F Blocks, Voltas Premises,

TB Kadam Marg,Chinchpokli-Mumbai-400 033.

3. Managing Director, Regd. Office,

Jeevan Bharati Tower-1, 10^th Floor, 124, Connaught Circus,

New Delhi- 110 001…………………………...……….......................... Opp. Parties.

Counsel for the Parties:-

For the Complainant               .            Self.

For the Opp. Parties                            S.K. Mohanty, Adv. & Associates.

Date of Order: 27.06.2018

Present

1. Shri Sundar Lal Behera, President

                                                                                 2. Shri Santosh Kumar Ojha, Member

Shri S. L. Behera, President: - The complainant’s case in brief is that, he has taken a Tata Docomo SIM vide No. 9040364154 from the O.Ps. for his use. The O.Ps. deducted Rs.130/- only from the account of complainant on dtd. 03.12.2017 about which the complainant lodged  and registered a complaint through e-mail on dtd. 04.12.2017 vide  PBR No.12478430.  The O.Ps refunded the deducted amount on dtd. 05.12.2017 but thereafter the O.Ps again deducted Rs.154/- only without any cause and is not refunded to the complainant.  The complainant being harassed filed this case.   

Being noticed through this Forum, the O.Ps appeared jointly filed written version.  The O.Ps. submitted that they are telephone and internet services provider in India under the guidelines of Telecom Regulatory Authority of India (TRAI). The O.Ps. further submitted that the deduction of Rs.130/- only was made on request of complainant for activation of different Value Added Services (VAS) which was further refunded on  complaint of complainant on dtd.05.12.2017 by crediting Rs.284/- only in the account of complainant but again deduction was made of Rs.115/- only for 4 nos. of different Value Added Services on request of complainant.  Thereafter the complainant generated porting code on dt.05.12.2017 which was ported out from Tata Docomo on dt.09.12.2017. Denying any deficiency in service, the O.Ps prayed for dismissal of case.

Heard from the parties and gone through the case record. The complainant being Tata Docomo SIM user was regularly purchasing vouchers for his use.  The O.Ps. deducted charges of different Value Added Services (VAS) without any consent of the complainant which amounts to Rs.284/- only.  After making complaint by the complainant on dtd.04.12.2017 the O.Ps. credited the said amount of Rs.284/- in the account of complainant on dtd.05.12.2017  but again Rs.115/- deducted in total from the account of complainant for activation of 4 nos. of different Value Added services (VAS).  Here one vital question arises that once the complainant deactivated all his Value Added Services(VAS) by making complaint on dt.04.12.2017 how 4 nos. of additional VAS were activated without any consent of complainant and again Rs.115/- only was deducted from complainant’s account. 

Deducting of any charges without the consent of any user/ complainant is deficiency of service on the part of O.Ps. Hence we are in considered opinion to allow the complaint petition with following directions to the O.Ps.

ORDER

1. The O.Ps are hereby jointly and severally directed to refund Rs.115/- (Rupees one hundred fifteen) only to the complainant towards Value Added Services Charges.

2. The O.Ps. are hereby jointly and severally further directed to pay a sum of Rs. 2000/- (Rupees two thousand) only to the complainant towards harassment, mental agony including litigation costs.

3. All the aforesaid orders are to be carried out within one months from the date of receipt of this order, failing which interest @ 12% per annum shall be charges on the above mentioned awarded amount till realization.

Accordingly the case is disposed of.

Order pronounced in the open court today on this the 27^th of  June’2018. Free  copy of this order shall be communicated to the parties as per Rule.

                          I Agree.         

                        S.K.Ojha, Member                  S.L.Behera, President                    

Dictated and corrected by me.

    S.L.Behera, President