Per Mr Justice A P Bhangale, Hon’ble President

1.      This appeal is filed by Vodafone Essar Cellular Ltd., a service provider for mobile phone service to the public at large.

2.      According to the appellant, the complainant a Chartered Accountant by profession, had paid sum of Rs.598/- by cheque dtd.24.03.2009 deposited with the appellant payable, bearing number 205297 for sum of Rs.598/- only, which was forwarded for clearing by the Bank of the appellant on 28.03.2009.  According to the appellant, since there were consecutive holidays from 27^th March to 29^th March, the cheque was not cleared and the service provider had disabled outgoing calls during the period between 30^th March, 2009 to 02^nd April, 2009. Learned advocate of the appellant pointed out that the complainant had availed mobile service, SIM card No. 9823017821, he had also another SIM card bearing No. 9823089721, which was surrendered to O.P.No.4 and the SIM Card available with the complainant was post-paid with dynamic credit limit of Rs.15,000/-.  The complainant used to pay the bills on receiving the same from opposite party / appellant. For the period between 11.02.2009 to 10.03.2009 the bill amount was of Rs.812.90 was due by 29.03.2009 for which the complainant paid sum of Rs.598/- by cheque bearing No.

205297, which was forwarded for clearing on 28.03.2009.

3.      The grievance of the complainant was that despite payment of the bill, outgoing calls during the period between 30^th March, 2009 to 02^nd April 2009, were discontinued. According the appellant, the complainant a Chartered Accountant by profession was himself at fault as he did not pay the entire bill amount of Rs.812.90 but he chose to pay limited sum of Rs.598/- by cheque. It is further submitted that there is an automated system available with the opposite party and since the entire payment of bill was not paid, due to automatic system outgoing calls may have been disabled. Had the complainant paid the entire bill amount he could have made valid grievance in respect of the same. But not in this case as he himself was at fault in non-payment of entire bill amount.

4.      We find that there is substance in the submission of the advocate of the appellant that complainant being a Chartered Accountant by profession, ought to have been careful to pay entire telephone bill demanded by the opposite party when he had availed all post-paid services in respect of SIM card in his possession.  He could not have filed the complaint before the Forum about the mental & physical anguish particularly when he himself was at fault for non-payment of entire demanded bill payable by due date. 

5.      This being so, we find that in the impugned order the opposite

parties / appellants were wrongly directed to pay compensation. In the facts & circumstances of the present case, the direction regarding the payment of compensation jointly & severally liability in respect thereof as against opposite party Nos.1, 2 & 3 is set aside and the complaint shall be treated as dismissed.

ORDER

i.        The appeal is partly allowed.

ii.       No order as to costs in this appeal.

iii.      Copy of the order be supplied to both parties free of cost.