Decided on November 12,2010

Aircel Limited Appellant


- (1.) 1st opposite party is the appellant.
(2.) THE respondent in this appeal, who is the complainant in O.P. No. 319/2003, on the file of District Forum, Coimbatore, had obtained a cell phone connection No. 98422 94497, from the 1st opposite party, for which he was regularly paying the bill, as demanded. The 3rd opposite party is the, bankers of 1st and 2nd opposite parties, whereas the 4th opposite party is'the bankers of the complainant, at Coimbatore.
(3.) THE complainant, having not received the cell phone bill, for the month of February 2003, contacted the 2nd opposite party, ascertained the amount payable, and issued a cheque, for Rs. 874. Despite the payment, cell phone connection was disconnected by the 1st opposite party on 10.3.2003, abruptly, without assigning any reason, which should be construed as deficiencyin service. Enquiry revealed the cheque was dishonoured, as if funds insufficient, in the complainant's account, and on that basis, disconnection should be construed as negligence, which was restored only on 29.3.2003, after the clearance of the cheque on 26.3.2003. By disconnecting, opposite parties 1 and 2 caused deficiency in service, by returning the cheque wrongfully, 3rd opposite party had committed deficiency in service, causing mental agony also, to the complainant, for which opposite parties are jointly and severally liable to pay a sum of Rs. 20,000, and cost. The 1st opposite party, disputing the jurisdiction of the District Forum, inviting the terms and conditions available, while giving the cell phone connection, resisted the claim, inter alia contending that due to non -payment of bill amount, the complainant's cell phone connection was Hotlined, not disconnected, that for non -payment of the bill, disconnecting the phone connection cannot be termed as deficiency in service. Thus denying further allegations also, prayer was made for the dismissal of the complaint.;

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