Date of Filing : 17/04/2015
Order No. 20 dt. 24/01/2018
The case of the complainant in brief is that the complainant having post paid mobile connection of o.p. company being mobile no.9883079468. The o.p. raised a bill for the period of 6.1.15 to 5.2.15 amounting to Rs.1082/-. The complainant issued a cheque and dropped the same at o.p’s cheque drop box at Axis Bank, Lake Garden’s Branch. The complainant came to learn from the office of o.p. that o.p. did not receive the said payment. The complainant informed the said fact to o.p. that he dropped the cheque at the aforesaid bank. The complainant all on a sudden noticed that on 6.3.15 the mobile of the complainant was deactivated. The complainant made the payment by cash of Rs.1082/- on 6.3.15. The complainant thereafter became astonished to receive another bill of Rs.1997.97 for the period of 6.2.15 to 5.3.15 which included the amount already paid of Rs.1082/-. After coming to know of the said fact the complainant sent a letter and the complainant was informed that o.p. already received the said amount of Rs.1082/- paid by the complainant. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. for compensation of Rs.20,000/- and litigation cost of Rs.5000/-.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant has claimed that immediately on the date of deactivation of the mobile connection on 6.3.15 the complainant made cash payment on the same day, but in order to show the payment by the complainant on that date the complainant could not file any document to that effect. The o.p. denied that the twice payment of the bill for the period of 6.2.15 to 5.3.15 along with the bill for the previous month, once in the form of draping of cheque and then in the form of cash payment is also false since there is no evidence of the cash payment is attached as annexure and also bill of previous month has not been mention. The complainant in order to have the illegal gain filed this case for which o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant paid the amount twice in respect of the amount of Rs.1082/-?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant having post paid mobile connection of o.p. company being mobile no.9883079468. The o.p. raised a bill for the period of 6.1.15 to 5.2.15 amounting to Rs.1082/-. The complainant issued a cheque and dropped the same at o.p’s cheque drop box at Axis Bank, Lake Garden’s Branch. The complainant came to learn from the office of o.p. that o.p. did not receive the said payment. The complainant informed the said fact to o.p. that he dropped the cheque at the aforesaid bank. The complainant all on a sudden noticed that on 6.3.15 the mobile of the complainant was deactivated. The complainant made the payment by cash of Rs.1082/- on 6.3.15. The complainant thereafter became astonished to receive another bill of Rs.1997.97 for the period of 6.2.15 to 5.3.15 which included the amount already paid of Rs.1082/-. After coming to know of the said fact the complainant sent a letter and the complainant was informed that o.p. already received the said amount of Rs.1082/- paid by the complainant. On the basis of the said fact the complainant filed this case praying for direction upon the o.p. for compensation and litigation cost.
Ld. lawyer for the o.p. argued that the complainant has claimed that immediately on the date of deactivation of the mobile connection on 6.3.15 the complainant made cash payment on the same day, but in order to show the payment by the complainant on that date the complainant could not file any document to that effect. The o.p. denied that the twice payment of the bill for the period of 6.2.15 to 5.3.15 along with the bill for the previous month, once in the form of which and then in the form of cash payment is also false since there is no evidence of the cash payment is attached as annexure and also bill of previous month has not been mention. The complainant in order to have the illegal gain filed this case for which o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is admitted fact that the complainant taken the connection with o.p. at the relevant point of time. The complainant has claimed that he paid the amount by cheque in respect of the bill amount for the period of 6.1.15 to 5.2.15. It has been alleged by the complainant that he dropped the cheque at Axis Bank, Lake Garden’s Branch and since the cheque was not encashed by o.p. subsequently o.p. further claimed the amount and the complainant further paid the amount of Rs.1082/- in cash when the mobile connection was deactivated. In order to fortify the claim of the complainant that he paid the amount of Rs.1082/- by cash he could not file any document to that effect. The o.p. admitted that subsequently they received the amount of Rs.1082/- in respect of the cheque amount which was issued by the complainant and the said amount was adjusted with the future bill. Since the complainant could not produce any cogent evidence in support of his contention that there was any deficiency in service on the part of o.p. therefore we hold that the case filed by the complainant has got no merit and the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.192/2015 is dismissed on contest without cost against the o.p.
Supply certified copy of this order to the parties free of cost.
