Disconnection of prepaid mobile connection for the mobile no. 9674818595 has irked the complainant to lodge this complaint for redressal u/s 12 of the C.P. Act 1986.

            The quint essence of the fact goes that the complainant was a consumer of Aircel mobile service for her mobile no. 9614818595. But due to the service problem of the said company the complainant made the portability to the prepaid service of Voda phone connection with effect from on 24.12.2017. But it has been disconnected within 7 days claiming an outstanding amount of Rs.509.33/-. The complainant being a lawyer has faced trouble due to such disconnection as her clients have failed to connect her to the said mobile no. which she has been using for more than 10 years. So it has caused much trouble to her professional life and claimed for activating the post paid service immediately and also a compensation of Rs.10,000/- (Ten thousand).

            The Ops in writing has questioned the maintainability of the instant case under this forum as the licensee of the telecom company is guided under TRAI Act. They had also stated that the complainant has filled up forms for porting service to the service of the Op on 24.12.2017 it was activated primarily but on scrutiny it was found that the said complainant maintained a postpaid service with the OP Company, bearing no.9083273646 and due to default in payment an outstanding amount of Rs.509.33/- is still pending. The copy of the outstanding bill has been filed as document. They had also sent an SMS for payment of Rs.600.32/- for enjoyment of uninterrupted service from the connection. But due to failure of payment of the outstanding amount an SMS to her no. 9614818595 has been sent on 28.12.2017, “Regretted, we are unable to process your request for Voda phone post paid connection”.

            On argument the Ld. Lawyer for the OP has pointed out to the maintainability of the case quoting section 7D of the Indian Telegraph Act and the observation of the Hon’ble Apex court in civil appeal no. 7686 of 2004. They have also referred the decisions of some cases of the Hon’ble National commission in revision petition no.1703 of 2010, RP no.2943 of 2012 decided on 09.10.2012 and RP no.2592 of 2010 decided on 03.07.2013 They also argued that they had no mala fide intention for not providing service to the complainant, but pending the outstanding dues in the previous connection the company cannot provide new connection. On argument the Ld. Lawyer for the OP and the OP in person defended that disconnection has not been informed her earlier and regarding the outstanding payment the OP would not satisfy the queries of this Forum.

            Points for decision:

1. Is the complainant a consumer to the OP?
2. Is the case maintainable within the purview of the C.P. Act?
3. Is there any deficiency in service on the part of the OP?

                                  DECISION  WITH  REASONS

1. The OP has not denied the complainant as their consumer in spite of disconnection of service.
2. Regarding the maintainability point we may take refuge to the important point raised  by the Hon’ble National Commission  in revision petition no.846 of 2015 decided  on 13.02.2017, wherein it was stated “Consumer Fora are competent to entertain  disputes between individual telecom consumers and telecom service provider” [2017(2) CPR 65 (NC)].
3. From the above discussion it is revealed that the OP as actually has no deficiency, rather the complainant action has led the OP to disconnection.

But we must consider the professional need and advantage of the complainant in adjudicating the instance case.

             Hence, it is

                                                O R D E R E D

The complainant is instructed to make payment of the outstanding amount of Rs. 509.33 within 7 days from the date of this order for her previous prepaid mobile no.9083273646 for which she enjoyed service facilities. No fine or interest is to be imposed by the Op on the said outstanding amount if the payment is made within 7 days from the day of this order. The OP is directed to provide service connection within 3 days after receiving the payment of the outstanding amount.

             The case is disposed of with levying any cost.

            Let a plain copy of this order be furnished to the parties forthwith free of cost.