Order No. 24 dt. 15/11/2017
The case of the complainant in brief is that the complainant is a corporate customer and the complainant is entitled to 1GB free usage of 3GB internet data. The credit limit available to the said telephone of the complainant was Rs.9,000/-. On 24.01.2014 the complainant received one SMS whereby she was informed that the amount due was Rs.20,106/-. It was stated by the complainant despite the dynamic credit limit being Rs.9000/- the o.p. had illegally and arbitrarily allowed the unbilled amount to be inflated to such an extent which caused the connection of the complainant disconnected. The complainant after receiving the said message sent an email intimating to clarify the back-up for 27 days. The o.p. replied the said email stating inter alia that since credit limit had exceeded, the services were suspended. The illegal and arbitrary act of the o.p. compelled to file this case. It was alleged that for the period from 21.01.2014 to 20.02.2014 the amount was demanded of Rs.5869.86. The extra usage 0.32 GB chargeable @ .2p/10 KB = Rs.671/- instead of Rs.4983.06 charged. Because of such illegal demand the complainant sent demand notice asking the o.p. for damages of Rs.20,000/- and further demanded Rs.20,000/- for compensation On the basis of the said fact the complainant filed this case praying for cancellation of bills as well as compensation of Rs.20,000/- and litigation cost of Rs.20,000/-.
O.p. contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant had availed of a mobile connection from the o.p.1. The plan availed of consisted of two parts :
i) talk time plan namely, VG_KL_MV_PWC_111_052011
ii) 3G Data Plan namely, RENTAL-ML_VOL_3G_250_1GB, the details whereof are given below:
Monthly Rental : 250 (Rs.125/- for the first two months as promo offer)
Free Usage : 1GB
Pay per use : 2 paisa/10KB
The dynamic credit limit was fixed at Rs.9,000/-. It was stated that the complainant had high data usage in the month of January and February, 2014. So post giving necessary discount the complainant was charged Rs.1587.95 in the month of January, 2015 and Rs.5869.86 (with taxes) for usage. The complainant had activated in her mobile connection 1GB data pack. Apart from the aforementioned data usage monthly charges, messaging charges, conference call charges and voice call charges were also imposed to the said mobile. The complainant has suppressed the said fact. The complainant in spite of receiving the several reminders did not make any payment towards the aforesaid unbilled amount payable to the o.p. for which the o.p.1 had no other alternative but to disconnect the connection of the said mobile phone.
On the basis of the said fact the o.p. prayed for dismissal of the case.
On the basis of the pleadings of the respective parties following points are to be decided :-
- Whether the complainant had the mobile phone connection along with internet facility with the o.p.1?
- Whether the complainant was charged excessive by the o.p.1?
- Whether there was any deficiency in service on the part of the o.ps?
- Whether the complainant will be entitled to get any 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 corporate customer and the complainant is entitled to 1GB free usage of 3GB internet data. The credit limit available to the said telephone of the complainant was Rs.9,000/-. On 24.01.2014 the complainant received one SMS whereby she was informed that the amount due was Rs.20,106/-. It was stated by the complainant despite the dynamic credit limit being Rs.9000/- the o.p. had illegally and arbitrarily allowed the unbilled amount to be inflated to such an extent which caused the connection of the complainant disconnected. The complainant after receiving the said message sent an email intimating to clarify the back-up for 27 days. The o.p. replied the said email stating inter alia that since credit limit had exceeded, the services were suspended. The illegal and arbitrary act of the o.p. compelled to file this case. It was alleged that for the period from 21.01.2014 to 20.02.2014 the amount was demanded of Rs.5869.86. The extra usage 0.32 GB chargeable @ .2p/10 KB = Rs.671/- instead of Rs.4983.06 charged. Because of such illegal demand the complainant sent demand notice asking the o.p. for damages of Rs.20,000/- and further demanded Rs.20,000/- for compensation On the basis of the said fact the complainant filed this case praying for cancellation of bills as well as compensation of Rs.20,000/- and litigation cost of Rs.20,000/-.
Ld. Lawyer for the o.p.s argued that the complainant had availed of a mobile connection from the o.p.1. The plan availed of consisted of two parts :
i) talk time plan namely, VG_KL_MV_PWC_111_052011
ii) 3G Data Plan namely, RENTAL-ML_VOL_3G_250_1GB, the details whereof are given below:
Monthly Rental : 250 (Rs.125/- for the first two months as promo offer)
Free Usage : 1GB
Pay per use : 2 paisa/10KB
The dynamic credit limit was fixed at Rs.9,000/-. It was stated that the complainant had high data usage in the month of January and February, 2014. So post giving necessary discount the complainant was charged Rs.1587.95 in the month of January, 2015 and Rs.5869.86 (with taxes) for usage. The complainant had activated in her mobile connection 1GB data pack. Apart from the aforementioned data usage monthly charges, messaging charges, conference call charges and voice call charges were also imposed to the said mobile. The complainant has suppressed the said fact. The complainant in spite of receiving the several reminders did not make any payment towards the aforesaid unbilled amount payable to the o.p. for which the o.p.1 had no other alternative but to disconnect the connection of the said mobile phone.
On the basis of the said fact the o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant had availed a mobile connection from the o.p.1 being number 9830250207. The complainant had stated that as per the plan availed of by the complainant the charge made by the o.p.1 was much higher. The usage of data by the customer upto 1GB was free and covered by monthly rental. The above limit of 1GB was chargeable @ .2p/10KB. It is also found from the materials on record that a detailed invoice was raised every month on the basis of the data usage by the customer. The complainant was informed accordingly but she did not raise any objection regarding the quantum amount charged by the o.p.1. The o.p.1 stated that the complainant by availing data browsing and downloading through the handset software configuration she could have got the bills and if she would have the interest she could have got the bill from the mobile service provider. Apart from the data usage the monthly charges, messaging charges, conference call charges were also imposed on the said mobile number. In view of such evidence on record the complainant suppressed the material fat and claimed that the inflated bill was provided to the complainant. But it is curious enough that the complainant did not raise any objection when she found that the limit exceeded, she could have brought to the notice of o.p.1. In stead of taking such step she went on enjoying the mobile connection and subsequently whenever on failure to pay the due amount the o.p.1 took step by disconnecting those facilities including the connection of the complainant, suppressing the material facts the complainant filed this case which has got no merit to establish the allegation against the o.p.1. Having regard to the said fact we hold that the case filed by the complainant is a misconceived one and the complainant will not be entitled to get relief as prayed for.
Thus all the points are disposed of accordingly.
Hence, it is ordered,
that the case no. 265/2014 is dismissed on contest without cost.
Supply certified copy of this order to the parties free of cost.
