D.O.F:6/9/08 D..o.O:29/1/09 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.NO.161/08 Dated this, the 29th day of January 2009 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SYAMALADEVI : MEMBER Vinod .M.George, Parambil House, Kunnumkai, : Complainant West Eleri Po, Nileshwar Via. Vodafone Essar Cellular. Ist floor, Mather Square, North : Opposite party Railway Station Road, Cochin- ORDER SRI.K.T.SIDHIQ: PRESIDENT: In paucis verbis, the case of complainant Vinod is that his Vodafone mobile connection that was disconnected for non payment of bill within the due date was not reconnected even after the payment of arrears inspite of the assurance that it will be reconnected within 5 minutes after payment of dues. Alleging deficiency in service he filed this complaint. 2. According to opposite party, the connection was disconnected for non- payment of bill within the stipulated time allowed to the complainant. The payment due date was 9/1/08 and he remitted the bill after the due date. The reactivation will take place in due course only. The complainant has been a chronic defaulter of payment on payment due date and hence the reactivation has been effected as per due process. Therefore, there is no deficiency in service on their part and the complaint is liable to be dismissed with cost. 3. Complainant filed affidavit repeating what is averred in the complaint. Exts.A1 to A4 marked. On the side of opposite party Exts.B1 & B2 marked. Both sides heard and the documents perused. 4. Ext.B1 is the copy of the Customer Agreement form. As per the terms and condition stated in the said agreement, the opposite party is entitled to discontinue the services provided to the customer if bills are not raised within the due date. The complainant has no case that he has remitted the bill on or before the due date. Hence the disconnection is justifiable. 5. Further complainant as PW1 admitted in cross examination on his affidavit by the counsel for the opposite party Shri M.Ramesh that his connection has been disconnected one or two occasions for non payment of bill. This version of the complainant supports the contention of the opposite party that the complainant was a chronic defaulter of payment of bill. Hence we do not find any deficiency in service on the part of the opposite party in disconnecting the phone connection of the complainant and hence the complaint is not entitled for the relief sought and the complaint is therefore dismissed without cost. MEMBER MEMBER PRESIDENT Exts: A1-6/6/08- Copy of lawyer notice A2-postal acknowledgment A3-27/5/08- lawyer notice A4-payment receipt B1- copy of customer agreement form B2- copy of subscription form routing sheet MEMBER MEMBER PRESIDENT eva/
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
