Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

1)           Md. Majibullah,

18/2, Haricharan Banerjee Street,

Khamarpara, Howrah.                                             ---------- Complainant

1)           The Manager, Customer Service,

Vodafone Essar East Limited,

11, U.N. Brahmachari Street,

Kolkata-700017.                                                     ---------- Opposite Party

Present :        Sri S. K. Majumdar, President.

                        Sri T.K. Bhattacharya, Member

                        Smt. Jhumki Saha, Member.

Complainant, Md. Mujibul is a Consumer under the O.P. using Vodafone No. 98306-60300 since July, 2008. Complainant was enjoying Full Value Talk 199 Plan which was activated on 25.07.2008. On 21.08.2008 the O.P. issued the first Bill for the said number showing a total amount to be paid as Rs. 288.53P out which the O.P. charged Rs. 222.80P as monthly charges. Thereafter the O.P. issued 8 other Bills upto 21.04.2009 wherefrom it appears in every Bill O.P. charged monthly rental charges more Rs.199.00. It is the specific allegation of the Complainant that when this fact was brought under the notice of the O.P., the O.P. started increasing the monthly rental charges rapidly without giving any proper explanation for that to the Complainant. After that the Complainant enquired of the whole matter by writing a letter dated 06.03.2008 and through his Lawyer twice, i.e., on 06.04.2009 and 04.05.2009. O.P. replied to those letters stating therein that the Full Value Talk 199 Plan has been activated with effect from 25.07.2008 for the said Vodafone No. in favour of the Complainant and the Bills have been correctly charged. But even after getting this explanation from the O.P. the Complainant was not satisfied and he was going through mental agony, financial loss. As he was feeling neglected by the O.P. regarding the redressal of his grievances, the Petitioner fining no other way filed this instant Petition praying for a direction to be given upon the O.P. to rectify all erroneous bills which he had already paid, to return the excess monthly charges with interest, to pay cost of harassment and mental agony and such other Order or Orders.

Notice was served upon the O.P. S.R. was received, but none appeared on behalf of the O.P. No Written Version has been filed on behalf of them. Accordingly, the case was heard exparte.

We have perused the Complaint Petition alongwith all the documents annexed with the Complaint Petition by the Complainant. We have also perused the Affidavit off Evidence filed by the Complainant. From the Annexures as attached with the letter sent by the O.P. dated 22^nd.April, 2009, one Charge Details has been annexed showing Full Value Talk 199 Plan which was given the the Co,mplainant by the O.P. being effective from 25.07.2008 wherefrom it appears that under the Plan Full Value Talk 199 opted by the Complainant the O.P. is entitled to monthly rental of Rs. 199.00 per month. There is no scope for them to charge more than Rs. 199.00 as monthly rental charge. We have also perused the Lawyer’s letters sent by the Complainant which remained unreplied by the O.P. Even after getting notice from this Forum the O.P. never bothered to appear and file Written Version controverting the allegations made by the Complainant in the instant Petition. So the allegations made by the Complainant remained unchallenged. Accordingly, there is no difficulty to accept the unchallenged testimony of the Complainant. And, the Case succeeds on merit.

ordered

the O.P. is directed to reverse the extra monthly charges which already been paid by the Complainant over Rs. 199.00 from 21.08.2008 till date in the immediate next Bill(s) after receiving this Order. The Complainant do get a Compensation of Rs. 5,000.00 and Litigation Cost of Rs. 1,000.00. The O.P. is directed to pay the Decretal Amount within 1 (One) month from the date of communication of this Order, in default, it will carry an interest of 10% per annum till full realization.

Fees paid are correct. Let copy of this Order be served upon both the sides free of cost.