Order dictated by:
Ms.Rachna Arora, Member
1. The complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that the complainant was the customer of Opposite Parties through its Connect Phone No.0183-5016254 since last 8 years and the complainant is regularly paying the bills in consideration of the services provided by the Opposite Parties and used by the complainant. Everything was going good but apart from these, the services provided by the Opposite Parties since last 8-9 months were terrible miserable. Moreover, the connection used to be working only for 10-15 days in a month of the time when grievances were arisen between the complainant and Opposite Parties. No adequate customer services instead of calling again and again on customer support number but nobody bothers to pickup any of the calls and provide any services. After considering the abovesaid facts which were much against the running smooth business for the complainant, the complainant decided to disconnect the connection. For the said purpose, the complainant moved an application to the concerned District Manager on 21st of July, 2016 in writing, but the concerned authority refused to accept it by giving an unexplained reason. Lateron the complainant contacted the Opposite Parties vide email dated 12.08.2016 with the request for the clearance of dues and disconnect the connection immediately, but merely a computer generated reply was given to the complainant and no botheration was shown to the request. Again the complainant approached the Opposite Parties vide email dated 15.8.2016 to kindly disconnect his connection and settled the dues till 21st of July, 2016, but again Opposite Parties never bothered to get engaged in any of the conversation with complainant. On 18th August, 2016 the officials of the Opposite Parties walked up and replied to the plenty of requested emails of the complainant in such a manner that the phone number of the complainant would only be disconnected if the nearest office of connect telecom would be approached and moreover, the complainant would himself deposit the phone and other physical accessories in that particular office. Lastly when the complainant felt no way out he vide email dated 17.10.2016 strictly approached the Opposite Parties that if they will not resolve his request, he has no other option to move in the court of law and then after receiving the email, the Opposite Parties instead of dissolving the matter sent a legal notice to the complainant vide dated 7.10.2016 through XNLC Legal Services Mohali with the clear cut intention to harass the complainant and after threatening him to extract the money from his hard earned pocket. With such behavior and attitude shown by the Opposite Parties, the complainant suffered with irreparable loss, damages to his reputation and unwilling stress to his life. The above said acts of the Opposite Parties tantamount to deficiency in service, unfair trade practice on the part of the Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs.
a) The complainant is only liable for the billing till 21st of July, 2016.
b) The complainant is also entitled for compensation to the tune of Rs.50,000/- for harassment mentally and physically at the hands of the Opposite Parties.
c) The litigation expenses to the tune of Rs.3000/- may also be awarded in favour of the complainant.
d) Any other relief to which the Forum is entitled may also be granted to the complainant, in the interest of justice, equity and fairplay.
Hence, this complaint.
2. Upon notice, opposite parties No.1 ,2 appeared and contested the complaint by filing joint written statement taking preliminary objections therein inter alia that the present complaint has been filed by the complainant to get undue advantage from the Opposite Parties. The complainant has created a false story in his complaint to mislead this Forum by concocting and distorting the facts and circumstances of the present case and to get undue benefit from the Opposite Parties and the present complaint has been filed by the complainant against the Opposite Parties with malafide intention. The present complaint is counter blast to the outstanding amount of Rs.4236/- demanded by the Opposite Parties. In order to avoid payment of outstanding amount, the present complaint has been filed by the complainant by alleging false allegations. On merits, it is alleged that the telephone connection was got installed in the premises of the complainant on 24.12.2009, but it is denied that services provided by the Opposite Parties since last 8-9 months were terrible miserable and it is also denied that connection used to be working only for 10-15 days in a month. No such complaint was ever lodged by the complainant to the Opposite Parties and there are vague and false allegations levelled upon the Opposite Parties. It is denied that no adequate customer services instead of calling again and again on customer support number, but nobody bothers to pick up any of the calls. No detail has been provided by the complainant that at what date, time, the complainant has called upon to the Opposite Parties and nobody attend the complaint of the complainant. It is however admitted that email was received by the Opposite Parties from the complainant to clear the bill and to disconnect the connection and accordingly, valid and legal reply was sent by the Opposite Parties to the complainant by advising the complainant that total outstanding amount is Rs.3276.60 paisa and bill statement was also provided to the complainant by the Opposite Parties and it was duly replied to the complainant to deposit the outstanding amount by online. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.
3. In his bid to prove the case, complainant tendered into evidence affidavit Ex.CW1/A in support of the allegations made in the complaint and also produced copies of documents Ex.CW1 to Ex.CW12 and closed his evidence.
4. On the other hand, to rebut the evidence of the complainant, the Opposite Parties tendered into evidence the affidavit of Sh.Harjinder Singh, alongwith copies of documents Ex.Op2 to Ex.OP5 and closed the evidence on behalf of the Opposite Parties.
5. We have heard the ld.counsel for the parties and have carefully gone through the evidence on record.
6. The complainant has submitted his affidavit Ex.CW1/A in which he has reiterated the facts as detailed in the complaint and contended that
The complainant was the customer of Opposite Parties through its Connect Phone No.0183-5016254 since last 8 years and the complainant is regularly paying the bills in consideration of the services provided by the Opposite Parties and used by the complainant. Everything was going good but apart from these, the services provided by the Opposite Parties since last 8-9 months were terrible miserable. Moreover, the connection used to be working only for 10-15 days in a month of the time when grievances were arisen between the complainant and Opposite Parties. No adequate customer services instead of calling again and again on customer support number but nobody bothers to pickup any of the calls and provide any services. After considering the abovesaid facts which were much against the running smooth business for the complainant, the complainant decided to disconnect the connection. For the said purpose, the complainant moved an application to the concerned District Manager on 21st of July, 2016 in writing, but the concerned authority refused to accept it by giving an unexplained reason. Lateron the complainant contacted the Opposite Parties vide email dated 12.08.2016 with the request for the clearance of dues and disconnect the connection immediately, but merely a computer generated reply was given to the complainant and no botheration was shown to the request. Again the complainant approached the Opposite Parties vide email dated 15.8.2016 to kindly disconnect his connection and settled the dues till 21st of July, 2016, but again Opposite Parties never bothered to get engaged in any of the conversation with complainant. On 18th August, 2016 the officials of the Opposite Parties walked up and replied to the plenty of requested emails of the complainant in such a manner that the phone number of the complainant would only be disconnected if the nearest office of connect telecom would be approached and moreover, the complainant would himself deposit the phone and other physical accessories in that particular office. Lastly when the complainant felt no way out he vide email dated 17.10.2016 strictly approached the Opposite Parties that if they will not resolve his request, he has no other option to move in the court of law and then after receiving the email, the Opposite Parties instead of dissolving the matter sent a legal notice to the complainant vide dated 7.10.2016 through XNLC Legal Services Mohali with the clear cut intention to harass the complainant and after threatening him to extract the money from his hard earned pocket. With such behavior and attitude shown by the Opposite Parties, the complainant suffered with irreparable loss, damages to his reputation and unwilling stress to his life. The above said acts of the Opposite Parties tantamount to deficiency in service, unfair trade practice on the part of the Opposite Parties and hence there is deficiency in service on the part of the Opposite Parties.
7. On the other hand, ld.counsel for the Opposite Parties has repelled the aforesaid contention of the ld.counsel for the complainant on the ground that the present complaint has been filed by the complainant to get undue advantage from the Opposite Parties. The complainant has created a false story in his complaint to mislead this Forum by concocting and distorting the facts and circumstances of the present case and to get undue benefit from the Opposite Parties and the present complaint has been filed by the complainant against the Opposite Parties with malafide intention. The present complaint is counter blast to the outstanding amount of Rs.4236/- demanded by the Opposite Parties. In order to avoid payment of outstanding amount, the present complaint has been filed by the complainant by alleging false allegations. It was further contended that the telephone connection was got installed in the premises of the complainant on 24.12.2009, but it is denied that services provided by the Opposite Parties since last 8-9 months were terrible miserable and it is also denied that connection used to be working only for 10-15 days in a month. No such complaint was ever lodged by the complainant to the Opposite Parties and there are vague and false allegations levelled upon the Opposite Parties. It is denied that no adequate customer services instead of calling again and again on customer support number, but nobody bothers to pick up any of the calls. No detail has been provided by the complainant that at what date, time, the complainant has called upon to the Opposite Parties and nobody attend the complaint of the complainant. It is however admitted that email was received by the Opposite Parties from the complainant to clear the bill and to disconnect the connection and accordingly, valid and legal reply was sent by the Opposite Parties to the complainant by advising the complainant that total outstanding amount is Rs.3276.60 paisa and bill statement was also provided to the complainant by the Opposite Parties and it was duly replied to the complainant to deposit the outstanding amount by online and hence, there is no deficiency in service on the part of the Opposite Parties. The only contention of the ld.counsel for the Opposite Parties is that no such complaint was ever lodged by the complainant to the Opposite Parties and there are vague and false allegations levelled upon the Opposite Parties. It is further contended that the present complaint has been filed by the complainant to get undue advantage from the Opposite Parties. The complainant has created a false story in his complaint to mislead this Forum by concocting and distorting the facts and circumstances of the present case and to get undue benefit from the Opposite Parties and the present complaint has been filed by the complainant against the Opposite Parties with malafide intention. The present complaint is counter blast to the outstanding amount of Rs.4236/- demanded by the Opposite Parties. In order to avoid payment of outstanding amount, the present complaint has been filed by the complainant by alleging false allegations. But we do not agree with the contention of the ld.counsel for the Opposite Parties because to prove his contention, the complainant has produced on record the copy of letter dated 21st July, 2016 as Ex.CW1, copy of letter dated 14.8.2016 Ex.CW2, copy of letter dated 16.8.2016 Ex.CW3, copy of letter dated 18.8.2016 Ex.CW4, copy of payment receipt Ex.CW8, another copy of the payment receipts Ex.CW9, EXC10, EXC11, copy of bill dated 1.8.2016 Ex.CW12, but on the other hand, the complainant got no response from the Opposite Parties with regard to the aforesaid correspondence to the Opposite Party for disconnecting his aforesaid connection due to bad and poor service of the Opposite Parties.
8. In such a situation, we direct the Opposite Parties to charge the complainant till 21st of July, 2016 only with regard to the aforesaid connection and immediately disconnect his telephone connection and not to charge any other amount from the complainant. However, keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
