By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to activate the mobile sim or to pay cost and compensation due to the deficiency of service.
2. Brief of the complaint:- The complainant was the consumer of opposite parties in mobile No.9961334720 as post paid connection while so due to the non proper service of opposite party. On 21.01.2016 the complainant approached the opposite party and requested to port his sim to BSNL and all the arrears of the bill of Rs.5,932/- is paid to the opposite parties and thereafter he is using the sim as a consumer of BSNL. But on 08.03.2016 and 11.03.2016 a message was received from opposite parties to pay Rs.8,212.31/-. So the complainant approached the opposite party and opposite party replied that they will look into the matter. But on 05.04.2016 his sim was de-activated. No information is also given to the complainant about the disconnection. The complainant further stated that it is a clear case of deficiency of service and unfair trade practice and due to this act the complainant caused much difficulty and losses and hence prayed before the Forum to direct the opposite parties to activate his sim in the same number and also prayed to direct the opposite parties to pay cost and compensation.
3. Notices were served to opposite parties and opposite parties filed version denying all the allegations and further stated that the complainant remitted the bills only up to the date which he requested to port the connection and not paid the entire bill. Further stated that the opposite parties has issued intimation to the complainant to remit the remaining bill amount and complainant also admitted that in the complaint also the complainant stated that he has received messages on 08.03.2016 and 11.03.2016 for Rs.8,212.31/-. Further stated that he has availed the service of opposite party thereafter also and the bill is issued for the then period and the connection is deactivated due to the non payment of the bills and also stated that they are ready to activate the sim and number if the arrear bill is paid and prayed before the Forum to dismiss the complaint with compensatory cost to the opposite parties.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1, Ext.X1 and X2 documents were marked. Ext.A1 is the message issued by the opposite parties on 21.01.2016 stating that “you idea mobile bill from 21 January 2016 is generated for an amount of Rs.5,747.51/- without due date 05.02.2016 and your outstanding amount is Rs.5,693.87/- and Ext.A1(2) series stated that your idea postpaid Account bill for Rs.5,732/- and Rs.150/- and Rs.50/- has been accepted for processing. Opposite party has not adduced any oral evidence. The called for document is marked as Ext.X1 and X2 series. Ext.X2 series are the bills generated for the period from 21.11.2015 to 20.12.2015 for Rs.2,649.36/- and 21.12.2015 to 20.01.2016 for Rs.5,793.87/-. Ext.X1 series is the bill for the period from 21.01.2016 to 20.02.2016 and 21.02.2016 to 20.03.2016 for Rs.8,312.31/-.
5. On considering the complaint, version, documents and evidences, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the
part of opposite parties?
2. Relief and Cost.
6. Point No.1:- The complaint has not proved his case that he has ported to BSNL and not produced any document to the effect that he has using the BSNL from any date and not produced any bills from the BSNL. But the Ext.X1 and X2 series bills shows that the complainant used the opposite party's mobile connection till 29.01.2016 and till date bill amount is shown as Rs.8,312.31/-. Hence we have not found any deficiency of service and unfair trade practice from the side of opposite parties. Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the complainant, there is no Order as to cost and compensation. Hence the Point No.2 is found accordingly.
In the result, the complaint is dismissed. No Order as to Costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 19th day of December 2016.
Date of Filing: 04.05.2016.
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Jaimon. Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1(1). Printout of Text Message.
A1(2). Printout of Text Message.
X1(Series). Copy of Bills, Statement of Accounts (8 Pages).
X2(Series). Bills and Bill Details.(31 pages).
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
