Date of Filing : 02/12/2014
Order No. 23 dt. 28/02/2018
The case of the complainant in brief is that the complainant opted to avail the offer of the o.p.1 and availed the sim card provided by them having the no. 9830391935 being a post paid connection. The complainant after getting new number and the same was not being used after activation the complainant received call from the o.p.1 regarding non-usage of new number. The complainant was informed by the o.p.1 that on being payment of Rs.1,000/- a one year free post paid plan can be availed of subject to renewal after one year. The complainant paid the said amount and availed the rent free post paid plan. The complainant subsequently visited the outlet of o.p.1 at South City Mall and opted for ECS payment system. The complainant handed over a cancelled cheque of SBI, Mominpur Branch with the expectation that henceforth the monthly bill payment would be adjusted through ECS system. The complainant thereafter received a call at his old number that due to non-payment of the bill amount for the month of July, 2014 the disconnection was made in respect of the new number. Though the complainant had sufficient amount in his account but due to deactivation of the new mobile no. of the complainant the complainant has suffered lot for which the complainant filed this case praying for direction for restoration of the said number without allotting the same to any third party. The complainant also prayed for compensation of Rs.3,00,000/- and litigation cost.
O.p.1 contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant is not a consumer as per C.P.Act. In 2012 the complainant requested the o.p.1 for providing a post paid sim card with the one time rental plan of Rs.1,000/- which was valid for one year period. The complainant stopped the paying of the bills of new number. The complainant was informed regarding the non-payment of the bill amount. Subsequently due to nonpayment of the bill the disconnection was made. The complainant was asked by the o.p.1 for clearing of the outstanding amount but he ignored to pay the same resulting in disconnection of the service provided by the o.p.1. The o.p.1 denied the complainant ever opted for ECS system for his connections of the new mobile no. The o.p.1 made various correspondences with the complainant but the complainant failed to clear the dues. In view of such fact the o.p.1 categorically stated that there was no deficiency in service or unfair trade practice for which the complainant will be entitled to get any relief as prayed for.
On the basis of the pleadings of the respective parties following points are to be decided :-
- Whether the complainant had the mobile connection with the o.p.1?
- Whether there was failure on the part of the complainant towards the payment of the outstanding dues?
- Whether disconnection made in respect of new connection of the complainant tantamount to unfair trade practice of the o.p.1?
- 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 opted to avail the offer of the o.p.1 and availed the sim card provided by them having the no. 9830391935 being a post paid connection. The complainant after getting new number and the same was not being used after activation the complainant received call from the o.p.1 regarding non-usage of new number. The complainant was informed by the o.p.1 that on being payment of Rs.1,000/- a one year free post paid plan can be availed of subject to renewal after one year. The complainant paid the said amount and availed the rent free post paid plan. The complainant subsequently visited the outlet of o.p.1 at South City Mall and opted for ECS payment system. The complainant handed over a cancelled cheque of SBI, Mominpur Branch with the expectation that henceforth the monthly bill payment would be adjusted through ECS system. The complainant thereafter received a call at his old number that due to non-payment of the bill amount for the month of July, 2014 the disconnection was made in respect of the new number. Though the complainant had sufficient amount in his account but due to deactivation of the new mobile no. of the complainant the complainant has suffered lot for which the complainant filed this case praying for direction for restoration of the said number without allotting the same to any third party. The complainant also prayed for compensation of Rs.3,00,000/- and litigation cost.
Ld. Lawyer for the o.p.s argued that the complainant is not a consumer as per C.P.Act. In 2012 the complainant requested the o.p.1 for providing a post paid sim card with the one time rental plan of Rs.1,000/- which was valid for one year period. The complainant stopped the paying of the bills of new number. The complainant was informed regarding the non-payment of the bill amount. Subsequently due to nonpayment of the bill the disconnection was made. The complainant was asked by the o.p.1 for clearing of the outstanding amount but he ignored to pay the same resulting in disconnection of the service provided by the o.p.1. The o.p.1 denied the complainant ever opted for ECS system for both his connections of the new mobile no. The o.p.1 made various correspondences with the complainant but the complainant failed to clear the dues. In view of such fact the o.p.1 categorically stated that there was no deficiency in service or unfair trade practice for which the complainant will be entitled to get any relief as prayed for.
Considering the submissions of the respective parties it is an admitted fact that the complainant obtained a new connection from the o.p.1 being mobile no,9830039195. It appears from the materials on record that the complainant failed to pay the outstanding dues to the o.p.1. The o.p.1 repeatedly requested the complainant to pay the outstanding amount but the complainant ignored to pay the dues. It appears from the record that the complainant opted for ECS system in respect of the payment of the old no. of the complainant not in respect of the new number. The complainant while found that no amount was deducted through ECS in respect of the bill amount for the new connection he could have brought to the notice of the o.p.1 or could have checked his account statement reflected in the savings bank account maintained by him at SBI, Mominpur Branch, Kolkata. The complainant did not show any interest for the payment of the outstanding amount and he failed to give any reply in response to the call made by the o.p.1. After giving repeated calls to the complainant by the o.p.1 the said connection was deactivated thereafter the complainant remained silent for several months and ignored to pay the outstanding dues and subsequently by manufacturing false allegation against the o.p.1 filed this case without having any cogent reason to substantiate the allegation against the o.p.1 that there was any deficiency in service or unfair trade practice adopted by the o.p.1 in respect of the mobile connection provided to the complainant. Having regard to the facts and circumstances of the case 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, it is ordered,
that the cc no.728/2014 is dismissed on contest without cost against the o.p.1.
