PRESENT
Complainant by Adv.Rashmi Manne present.
Opponent by Manager (Legal ) Shri.Ravindra T. Anand present.
ORDER
(Per- SMT. POONAM V.MAHARSHI, Hon’ble Member)
1. This is a complaint U/s 12 of Consumer Protection Act. 1986, alleging deficiency in service against the opposite party ( for short the op.) The case of complainant in short is as follows.
2. The complainant Mr. Prakash Shantaram Sardar is residing at the address mentioned in cause title. The op. Mahanagar Telecom Nigam Limited who are in the business of Telecom and having office at the above mentioned address.
3. The complainants son went for higher studies to America and therefore for communication purpose he applied for MTNL connection to the op.
4. op. provided information regarding tariff plans to the complainant wherein the op. have also provided ISD roaming facility and more particularly for Washington DC on the tariff of Rs.2.00 per minute wide tariff order dated 24/06/2010.
5. Accordingly as per the opponents representation he has consented for the said services and deposited amount of Rs.5000/- (Rupees five thousand only ) which also means that the usage of services should not cross Rs.5,000/-.
6. The op. accordingly on 010/08/2012 have started services and provided no. 9869248850. On 24th August 2012 the op. representative invited attention of the complainant towards abnormal billing of Rs.35,000/- ( Rupees thirty five thousand only ).
7. In response to the same the complainant requested to the said representative to immediately deactivate the services.
8. In the first week of October 2012 the complainant received a bill for the period of 13.08.2012 to 24.08.2012 amounting to Rs.45,166/- (Rupees fourty five thousand one hundred and sixty six only).
9. According to complainant if he was informed about the actual tariff applicable than he would not have purchased the same.
10. The complainant is ready and willing to pay the charges according to tariff of Rs.2.00 per Minute as represented by the op. But the op have denied the same hence the complainant approached this forum.
11. The complaint was admitted on 13.02.2015. Op. filed its Written version on 12.08.2016. Complainant filed its Evidence affidavit on 14.02.2017. Op. filed pursis that there written version and documents attached along with be treated as their evidence affidavit. As both the parties did not appear to file there Written arguments and oral arguments, matter was kept for judgment.
12. The op. in its Written version resisted allegations made by complainant.
13. The op also in its Written statement mentioned that the same issue of heavy outstanding dues has been agitated by MTNL through Dy. Manager (TR) ,BKC for recovery of outstanding dues of Rs.39,784/- before the Hon’ble President Lok Adalat, Mumbai vide case no. 3014/2014.
14. The case was disposed off vide Judgment dated 10.10.2014 and the opponent was directed to pay total sum of Rs.27,827/- (Rupees Twenty seven thousand eight hundred and twenty seven ) to the complainant.
15. The complainant has suppressed this material fact and an effort of multiple Judicial remedy is being sought by complainant.
16 According to op. the tariff circulars produced by the complainant are pertaining to the outgoing calls from India to other countries and not for the Incoming calls from outside countries to India which are dependent of the roaming charges and rates of the respective operators through which the incoming calls to India are processed. In this case from U.K. via Vodafone company and from USA via cingular company.
17. In support the op. have filed the Roaming list which is available at MTNL site.
18. The same issue has been considered in detail at the Lokadalat and a Judgment is delivered allowing 20 % rebate in the outstanding dues to the respondent therewith.
19. In view of the order passed by the permanent Lok adalat on 10.10.2014 the opponent is under an obligation to issue fresh bill, with giving rebate of 20 %.
20. In the result, we pass the following order.
ORDER
1. The consumer complaint No.42/2015 is partly allowed.
2. The opponent is directed to issue bill as per the order of permanent Lok adalat dated 10/10/2014.
3. The complainant is directed to pay the amount of Rs.27,827/- ( Rupees Twenty seven thousand eight hundred and twenty
seven ) in three equal quarterly installment , the first quarterly shall commence from 1st April, 2019.
4. No order as to cost.
5. The copy of this order be sent free of cost to both the parties.
