Order-16.

Date-07/07/2017.

        Smt. Sangita Paul, Member.

This is an application u/s.12 of the C.P. Act, 1986.

Complainant’s case in short is that O.P. convinced complainant to obtain the post-paid mobile connection and accordingly complainant  took the TALK ALL-249 post-paid Plan for providing the said mobile connection. After making aforesaid Plan complainant paid the monthly bill. In the month of July-2016 comploaiannt was told by one of the Customer Care Executives to take 1 GB Data Bursor Pack and assured that there will be no problem in taking the Data Pack in spite of having TALK ALL-249 Post-Paid Plan. O.P. charged rs.250/- for the data pack. Complainant got reply that his activation request cannot be proceeded for 1 GB Data Bursor pack Internet Service. Then he was informed through SMS that the request has been activated but actually it was not activated  on 22/08/2016. Complainant was informed that said BursorPlan was only for those who already have any data plan  for internet service. Complainant asked for Rs.250/- which was taken by O.P. to activate the said data plan. Complainant also told to adjust the amount with his post-paid connection. But they neitherreturned the amount  nor did they adjust the amount with existing post-paid plan. Complainant as per direction of O.Ps. paid rs.400/- on 07/09/2016.On 08/09/2016 he got SMS regarding outstanding bill of rs.623.61. Complainant again told to return Rs.250/-  and adjust paid amount of Rs.400/- with the outstanding bill   and activate the post paid connection and they did not take any step. O.Ps. did not give any reply.

            Complainant availed the service of opposite parties by paying a sum of Rs.250/-  towards consideration price of the said 1 GB Data Bursor Pack internet service. Under this circumstance, complainant prays for directing the O.ps. to return the amount of Rs.250/- with banking interest and to activate the post-paid connection and to send the actual bill after adjustment of Rs.400/- with outstanding bill of the aforesaid post-paid connection and to direct the O.ps. to pay Rs.50,000/- as compensation for their unfair means of trade practice and menta agony and harassment caused to him. Complainant also prays for directing the O.ps. to pay litigation cost of Rs.10,000/-.

            The O.ps. in their W.V. state that complainant has been using ALL TALK-249 Plan. Subsequently on 09/08/2016 comlainant requested for an internet pack accordingly as per his request. Thereafter the bill was Rs.625.60 for the month of August, but he declined to make total payment. He only paid Rs.400/-. Subsequently a bill for the period from 21/08/2016 to 20/09/2016 was raised Rs.1062.34. Complainant has raised a dispute regarding the amount of the said bill. O.P. denied all allegations levelled against them.  It is stated that complainant himself activated ADD-C-V250-D1GB-3G but he failed to pay the subsequent bill. When complainant enquired about the bill, he was assured that he was charged in accordance with the activated plan. It is denied that O.Ps. did not take steps  to resolve the issues of complainant. It is stated that customer service is the utmost priority of the O.Ps. O.Ps. state that Ld. Forum has no jurisdiction  to entertain this complaint. The O.Ps. endeavor to provide best sevices and assistance at an individual level. It was for excess usage that complainant was billed such huge amount. There is no deficiency of service on the part of the O.ps. it is denied by the O.ps. that complainant can pray orders for returning Rs.250/- or to restore mobile connection. O.Ps. state that  complainant cannot pray for  compensation of Rs.50,000/- from the O.Ps. for the complaint is made with malafide intention to extract money from the O.Ps. O.P.-1 is a company of repute and has been operating without a blemish  and strictly as per the Laws of land. The allegations of complainant is illegal, incorrect, false, frivolous, baseless and devoid of any meri. Complainant has tried to make false case to harass the O.ps. O.Ps. pray for dismissal of the case, because he has mis-interpreted the bills. Complainant is liable to pay what he has used. He must pay the outstanding bills.

Decision with Reasons

On proper study of complaint petition, W.V., evidencein-Chief and other documents it is evident that complainant availed of a post-paid mobile connection from Vodafone Mobile Services and accordingly complainant took the Talk All-249 post-paid paln for use. Complainant paid the monthly bill             for that. One of the representatives of Vodafone Mobile Services assured him that in spite of having the existing connection, he would have no problem in using 1 GB Data Bursor Pack. O.P. charged Rs.250/- for the data pack. Afterwards complainant was informed that his request for taking 1 GBDataBurser Pack cannot be activated, because it was not compatible with his post-paid plan. Complainant mailed them on 03/09/2016.One Ms. Somdatta assured him  that she would give a conclusive response within three days. On 02/09/2016 complainant informed the Nodal Officer of Vodafone that he had received a monthly bill of Rs.623.61 which included one time charge of Rs.250/- for 1 GB Data Burser Pack, though the pack was not activated to complainant’s mobile as it was not compatible with the Tariff Plan Talk All-249 . Complainant tried to contact the Customer care Executives on 09/08/2016, 22/08/2016, 25/08/2016, 30/08/2016 and 03/09/2016. They promised to do the needful to waive the charges within 48 hours. Truly speaking, the O.Ps. did not pay heed to the complaiannt’s request. Afterwards complainant was informed by one of the Executives that complainant paid Rs.400/-. Benefit of 1 GB Data Burser pack was obtained by the complainant. In spite of several requests complainant did not get refund of Rs.250/- taken for 1 GB Data Burser Pack. He paid the monthly charge for post paid connection regularly. The amount paid for data pack was not adjusted with his post paid bills. On 08/09/2016 complainant got information for his outstanding amount of rs.623.61. it was for the negligent attitude of the O.P. that the amount of data pack was not adjusted. Undoubdtedly it amounts to unfair trade practice on the part of the O.P. Before activation complainant should have been informed that it was not compatible with complainant’s Talk All-249 plan. So complainant is entitled to get relief as prayed for.

Hence,

Ordered

That the case be and the same is allowed on contest against the O.ps. with cost of Rs.5,000/-.

            O.Ps. are directed to return the amount of Rs.250/- taken for data pack with 9 percent interest from the date of this order.

            O.Ps. are also directed to re-connect the Talk All-249 line of complainant and adjust the paid amount of Rs.400/- with the outstanding bills.

Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision in C.P. Act.