Order-15.
Date-14/03/2017.
Shri Kamal De, President.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the Complainant in short is that he was approached by some officials of OP No. 1 to avail Post-paid Mobile Connection from the OP. After repeated persuasion the Complainant took some new connections along with conversion of a total number of 14 numbers from Pre-paid to Post-paid. Some of the numbers were ported from other service providers and converted to Vodafone. It is stated that all the said 14 nos. are either used by the Complainant and by the family members or his business associates. The Complainant at the time of availing services from the OP had chosen “Enterprise Unique 199 Plan” wherein all the members of the CUG (Closed Users Group) could call for free amongst themselves being one of the many benefits that were assured from the OPs. It is stated that Complainant had been regularly paying the billed amount for all the 14 Post-paid nos. without any default or even delay in payments. It is alleged that the OPs whimsically, arbitrarily changed various facilities attached with the plan of 4 out of 14 nos. used by the Complainant and his family members without giving any proper notice or intimation or obtaining any consent from the Complainant. It is also stated that the OPs have illegally taggedthe 4 out of the said 14 numbers with a defunct and defaulter Company and for which the outgoing call service of the said phone nos. have been withdrawn for which the Complainant and his family members are suffering huge monetory loss day by day. The Complainant repeatedly requested the Officers of the OPs for restoration of the services in the 4 nos. with conversion to earlier plan, “EnterpriseUnique 199 Plan”. but to no good. It is alleged that the recovery agent of the OPs are regularly calling after Complainant and intimidating with dare consequences. The Complainant has paid for restoration of the said 4 nos. to the existing plan being “ Enterprise Unique 199 Plan “. Hence, this case.
OPs have contested the case in filing w.v. contending inter alia that the present case is not maintainable in its present form and prayer.It is denied that the OPs have whimsically, arbitrarily and illegally withdrawn benefits of the plan associated with 4 of the total 14. It is stated that ST-CR-MV-E-Talk-125 Plan was activated on 9836582732 and 9681400620 on 17th November, 2015 after obtaining due consent from the Customer. It is stated that Complainants has been provided details of post paid bill containing details of his genuine usage. There was a default in the payment of bills for the 4 nos. and such default has been only cause for withdrawal in service to the Complainant. This OPs have prayed for dismissal of the case.
Point for Decision
1) Whether the OPs have been deficient in rendering service to the Complainant?
2) Whether the Complainant is entitled to get relief as prayed for?
Decision with Reasons
We have perused the documents on record i.e. photocopy of e-mails on different dates by the Complainant to the OPs ventilating his grievances against the service, photocopy of supply of information under provision of ‘Right to information Act, 2005, photocopy of Legal notice and other documents on record..
It appears that the Complainant was approached by the officials of the OP Company to avail post paid mobile connection from Vodafone. It also appears that on the persuasion of the OP a total no. of 14 nos. were converted from pre-paid along with some new connections by the Complainant with the OPs. It also appears that some of the nos. were ported from other service providers and converted to Vodafone, It is also admitted that Complainant had chosen “ Enterprise Unique 199 Plan “, wherein all the members of the CUG (Closed User Group) could call for free amongst themselves being one of the many benefits that were assured by the OP Company. It is also appears that OP Company changed the facilities attached with the Plan in respect of 4 out of 14 numbers used by the by the Complainant without giving any proper notice or intimation or obtaining any consent from the Complainant. It is alleged by the OP that they procured / obtained the consent from the Complainant, but no such consent form or paper is forthcoming before us from the end of the OPs. The 4 Nos. which have been changed are as follows .
- 8100751404 ( Sri Harendra Kumar Bose )
- 8100960056 (SmtRekha Bose )
- 9836582732 (Sri Ashish Pal)
- 9681400620 (Sri Samaren Bose )
It also appears OP Company has tagged 4 nos. out of the said 14 numbers with a defunctand defaulter Company and for which t he outgoing call service of the said phone numbers have been withdrawn. It also appears that the Complainant have repeatedly requested the Officers of the OP Company for restoration of the services in the 4 numbers with conversion to earlier plan being “Enterprise Unique 199 Plan”. But it appears that the OPs have refused to restore the outgoing call service or to causereversal of the said 4 nos. to its original plan.
It is stated by the OP that the Complainant defaulted in the payment of bills in respect of the said numbers and as such services in respect of the said 4 numbers have been withdrawn. But, we find that no bill is filed from the side of the OPs in support of such default as claimed. OP Company has failed and neglected to file any bill in respect of the said numbers to establish that the Complainant has defaulted in the payment of the bills in respect of the said 4 numbers. In absence of any bill showing default in payment or the amount of the bills thereto we are not inclined to accede to accept such contention of the OPs. We find that such defense is speculative and misconceived. OP Company has failed to produce any document to show the default as alleged. We think that OP Company has arbitrarily changed the benefits of the plan associated with 4 of the total 14 numbers as stated earlier. The OP has also failed to provide the chargeable calls ordata usage of the Complainant in respect of those 4 numbers of the total 14 numbers.
It is argued by the Ld. Lawyer for the OP that the Hon’ble Forum has no jurisdiction to entertain the present complaint. We find that the controversy has been disposed vide order no. 7 dated 07.12.2016 by us holding that the District For is competent to entertain and dispose the disputes between the individual consumer and telephone service providers and Section 7B of the Telegraphic Act has no application causing bar as the Powers of telegraphic Authority are not vested in the private telephone service providers and also in the BSNL. OP did not prefer any revision against the said order and the said order as such stands good.
In view of the discussion as made herein before in earlier paragraphs, we think that the OPs have been deficient in rendering service to the Complainant. The Complainant is entitled to get relief as prayed for.
Hence,
Ordered
That the instant case be and the same is allowed on contest against the OPs.
The OPs are directed to restore all the 4 numbers of the connection of the complaint “ Enterprise Unique 199 Plan” within 15 days from the date of this order.
The OPs are also directed to pay an amount of Rs.10,000/- to the Complainant as litigation cost apart from compensation of Rs.5,000/- for causing harassment, mental pain and agony within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act and in that case OP shall be liable to pay penal damage at the rate ofRs.5,000/- per month to be paid to this Forum till full and final satisfaction of the decree.
