Date of Filing : 05/05/2015
Order No. 16 dt. 31/01/2018
The case of the complainant in brief is that the complainant is a bona fide user of service provided by o.p. in respect to post paid mobile connection being connection no.983017429 whose normal monthly usage bill amount more or less Rs.400/- to Rs.450/-. The complainant received an SMS whereby he was asked to pay the bill amount of Rs.15,089/-. The complainant became astonished and he contacted the o.p. who informed the complainant that due to some change in the maximum limit of usage the problem has occurred and assured the complainant that the problem will be solved. The complainant thereafter again visited the office of o.p. and he was informed by the official of o.p. that the said dispute can be settled by paying an amount of Rs.5820/- which the complainant declined to pay. The complainant thereafter received various SMS demanding the amount of Rs.15,089/-, Rs.8479/-, Rs.8450/-, Rs.8439/-, etc. On the basis of the complaint lodged by the complainant at the office of o.p. one Mr. B. Dutta visited the complainant’s house for settlement of the overdue payment. Subsequently, the service was suspended during the period from 4.4.14 to 9.12.14. On the basis of the irrational claim of the o.p. the complainant filed this case praying for direction upon the o.p. for restoration of the connection of the old number and a fresh bill for payment should be forwarded to the complainant as well as compensation of Rs.50,000/- 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 bills are raised by o.p. based on the actual usage on monthly basis and not on average usage. As a matter of fact on 3.12.14 on the request received from the no.9830174297 a data pack was activated and later on another data pack was activated on 4.12.14. Further on the request of the complainant’s number one booster pack was activated on 4.12.14. All these packs were activated through USSD from the above number and the same are clearly mentioned in the invoice dt.10.12.14. The usage details and charges arisen due to same are clearly in the invoice which is annexed with the complaint petition by the complainant himself. Because of the activation of booster pack on 4.12.14 the complainant was provided rebate by an amount of Rs.8388.61 only in spite of using 7.06 GB mobile data. The complainant in spite of specific undertaking failed to clear the genuine outstanding, hence the grievance, if any by the customer with regard to the disconnection for which the customer himself is responsible. There was no anomaly in the bill as claimed by o.p. and the claim made by the complainant is a false and frivolous one to avoid the payment of the outstanding amount. On the basis of the said fact 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 had the mobile connection with o.p.?
- Whether the o.p. claimed any inflated bill?
- 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 is a bona fide user of service provided by o.p. in respect to post paid mobile connection being connection no.983017429 whose normal monthly usage bill amount more or less Rs.400/- to Rs.450/-. The complainant received an SMS whereby he was asked to pay the bill amount of Rs.15,089/-. The complainant became astonished and he contacted the o.p. who informed the complainant that due to some change in the maximum limit of usage the problem has occurred and assured the complainant that the problem will be solved. The complainant thereafter again visited the office of o.p. and he was informed by the official of o.p. that the said dispute can be settled by paying an amount of Rs.5820/- which the complainant declined to pay. The complainant thereafter received various SMS demanding the amount of Rs.15,089/-, Rs.8479/-, Rs.8450/-, Rs.8439/-, etc. On the basis of the complaint lodged by the complainant at the office of o.p. one Mr. B. Dutta visited the complainant’s house for settlement of the overdue payment. Subsequently, the service was suspended during the period from 4.4.14 to 9.12.14. On the basis of the irrational claim of the o.p. the complainant filed this case praying for direction upon the o.p. for restoration of the connection of the old number and a fresh bill for payment should be forwarded to the complainant as well as compensation and litigation cost.
Ld. lawyer for the o.p. argued that the bills are raised by o.p. based on the actual usage on monthly basis and not on average usage. As a matter of fact on 3.12.14 on the request received from the no.9830174297 a data pack was activated and later on another data pack was activated on 4.12.14. Further on the request of the complainant’s number one booster pack was activated on 4.12.14. All these packs were activated through USSD from the above number and the same are clearly mentioned in the invoice dt.10.12.14. The usage details and charges arisen due to same are clearly in the invoice which is annexed with the complaint petition by the complainant himself. Because of the activation of booster pack on 4.12.14 the complainant was provided rebate by an amount of Rs.8388.61 only in spite of using 7.06 GB mobile data. The complainant in spite of specific undertaking failed to clear the genuine outstanding, hence the grievance, if any by the customer with regard to the disconnection for which the customer himself is responsible. There was no anomaly in the bill as claimed by o.p. and the claim made by the complainant is a false and frivolous one to avoid the payment of the outstanding amount. On the basis of the said fact o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant enjoyed the mobile connection provided by o.p. and the complainant used to pay the post paid bill, but subsequently with the changing of various schemes for availing the benefit from o.p. the complainant availed those schemes and after providing the connection to the complainant which the complainant enjoyed even the benefit of getting rebate the complainant failed to pay the bill amount. From the bill submitted by the complainant himself it appears that the complainant after availing of the packs and after activation of those packs through USSD from the above number and the same are clearly mentioned in the invoice dt.10.12.14. It is an admitted fact that the complainant because of non payment of the bill the activation was stopped. The complainant was given opportunity of hearing and he was given time to pay the arrear bull, but he failed and neglected to pay the same. In order to avoid the payment of the bill the complainant manufactured a false case against the o.p. by making false allegations that the claim made by o.p. was not a genuine one. On the basis of the facts and circumstances as stated above, 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.233/2015 is dismissed on contest without cost against the o.p.
Supply certified copy of this order to the parties free of cost.
