(1.) THE opposite party in O.P.No.708/2004, on the file of District Forum, Chennai (South), aggrieved by the order dated 12.12.2007, has filed this appeal.
(2.) THE respondent in this appeal, who is the complainant in OP. No. 708/2004, obtained a telephone service connection, from the opposite party, including the instrument, viz. cell phone. It appears, there was some dispute regarding the bill which was settled, then disconnecting the connection also. However, the opposite party began to issue bills, as usual, as if the matter has not been closed, which should be construed as deficiency in service. Thus accusing, seeking certain prayers, including compensation of Rs. 10,000, a complaint came to be filed.
(3.) THE opposite party, admitting the service connection, as well as the payment made by the complainant, would oppose the application, inter alia on the grounds, that though the complainant had paid a sum of Rs. 2,477, it is not in full and final settlement, that he has not handed over the telephone instrument, therefore he is liable to pay the monthly rent, for which alone, bills were issued, which cannot be termed as deficiency in service.
The District Forum, considering the admitted position, as well as the payment made by the complainant, has come to the conclusion, that as demanded by the opposite party, an outstanding of Rs. 2,477 was paid by cheque on 20.3.2004, towards the outstanding balance, and thereafter there cannot be any due, whereas the opposite party demanded a sum of Rs. 536, as outstanding, as per the letter dated 21.10.2004, which should be construed as clear case of deficiency in service. In this view, an order came to be passed on 12.12.2007, directing the opposite party to pay a sum of Rs. 10,000, as compensation, rejecting other prayers.;