DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 22nd day of January 2009.
Present : Smt. H. Seena, President : Smt. Preetha.G. Nair (Member) Smt. Bhanumathi.A.K. (Member) C.C.No.118/2007
K. Brijith S/o. D. Kamalasanan Modankattil House Chunangad Post Ottappalam. Palakkad. - Complainant V/s 1. The Sub Divisional Engineer B S N L Ottappalam Palakkad
2. The General Manager BSNL Palakkad - Opposite parties.
O R D E R By Smt. Preetha.G. Nair, Member The brief facts of the complaint is as follows.
The Complainant has brought a BSNL telephone connection with No.9446097569. He had participated in the contest Monsoon Masti on the access code 12555 launched by the content provider M/s. Online Asia Pacific Pvt Ltd on the BSNL net work during 1st July 2007 to 31st August 2007. The first prize of the contest was Rs.50,000/- or Plasma TV. On 31/08/2007, SMS was sent to in the complainant's mobile phone from Mobile No.919442099997 says that 3420 points scored in the contest. Thereafter no information was given by BSNL. Then the complainant went to the BSNL Office at Trivandrum and enquired. But they have no information about the contest. The complainant received an excess bill of Rs.4,386/- for the month of September for his mobile No.9446097569. The - 2 - Complainant is aggrieved by the fact that even after scoring high points he not only received any prize but also even charged with an excess bill. According to complainant, this amounts to unfair trade practice on the part of the Opposite parties. Hence the complaint. Complainant claims an amount of Rs.55,000/- as compensation and further to set aside the disputed bill.
After admitting the complaint, notice was issued to the Opposite parties. Opposite parties entered appearance and filed their version stating the following contentions. The Opposite parties has no information about the enquiries made by the complainant in this connection to various BSNL Offices situated at Trivandrum, since no evidence is adduced before the Opposite party for consideration in this regard. The Corporate Office, BSNL, New Delhi intimating the contest in the access code 12555 is produced. After the enquiry the Opposite parties got information that the results of the contest has been announced and Sri. Kunhikannan, the subscriber of telephone No. 0490 2464936 having scored maximum of 158160 points has been declared winner and the prize money has been distributed to the party by the contest provider M/s. On Mobile Asia Pacific Pvt Ltd. The complainant having scored only 3420 points was not successful in the contest. There is no unfair trade practise on the part of BSNL. The Opposite parties stated that the petitioner is bound to pay the legitimate charges towards using the services through the BSNL Network as per the tariffs applicable. The complainant has no case that he had not utilized the services and had not made the calls. The complainant admitted that the bill amount for the month of September 2007 was higher only due to his participation in the contest and hence the calls made and the amount charged is not disputed. BSNL has not announced any rebate or reduction in telephone bills for those who have not been successful in such contests. Therefore there is no lapse or deficiency on the part of the Opposite party and is not liable to pay any compensation.
Complainant as well as the Opposite parties filed proof affidavits along with documents. Exhibit A1 to A3 series marked on the side of the complainant. Exhibit B1 to B3 marked on the side of the Opposite parties. Matter heard.
- 3 - Issues to be decided are: Whether there is unfair trade practice is exercised by the Opposite parties? If so, what is the relief and cost?
Issues 1 & 2 We perused relevant documents on record. As per Exhibit B1 Sri. Kunhikannan, the subscriber of the telephone No.0490 2464936 having scored maximum of 158160 points has been declared winner and the prize money has been distributed to the party by the content provider M/s Online Mobile Asia Pacific Pvt Ltd. But the complainant having scored only 3420 points was not successful in the contest. The complainant admitted that the bill amount for the month of September, 2007 was higher only due to his participation in the contest and the hence the calls thus made and the amount charged is not disputed. The opposite parties stated that those participating in contests or competitions are doing at their own risk and it is not an excuse for evading payment of telephone bills. We are of the view that complainant had willfully participated in the contest and subsequent usage of services for longer durations was the reason for the increase in the bill amount. Hence we hold the view that no unfair trade practice is exercised by the opposite parties. The complaint is devoid of any merits. In the result complaint dismissed with a direction to the Opposite parties to give atleast 5 months time for payment of the bill amount.
Pronounced in the open court on this the 22nd day of January, 2009.
PRESIDENT (SD)
MEMBER (SD)
MEMBER (SD)
- 4 - APPENDIX
Exhibits marked on the side the complainant Ext A1 – Receipt of connection Ext A2 – Letter stating he had won the Manorama online contest Ext A3 series – Bills
Exhibits marked on the side of the Opposite party Ext A1 – Letters of Corporate Office, BSNL, New Delhi Ext B2 – Bill of invoice Ext B3 – Letter of intimation of the result.
Forwarded/By Order
Senior Superintendent
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
