ISH KUMAR Vs. HFCL INFOTEL LTD

JUDGEMENT

(1.) an appeal has been filed against the order dated 16.7.2008 by the learned District Forum, Bathinda. The appeal has been sent through post.

(2.) Appellant/complainant was having landline telephone connection 0164-5000519 of respondents (opposite parties-CONNECT) at his residence under the monthly tariff plan of Rs.199 (calls upto Rs.199 were free ). The bills issued by the opposite parties from time-to-time were being paid by the Complainant regularly.

(3.) As alleged by the Complainant, bill for the period 16.10.2007 to 15.11.2007 was not served by the opposite parties despite complaints. However, amount of Rs.260 as conveyed by the opposite party was deposited without getting the bill. Again the bill for the period 16.11.2007 to 15.12.2007 was not received by the complainant. On making complaint, duplicate bill was issued on 4.1.2008 i. e. after the due date of 3.1.2008. As claimed by the complainant, this bill was not deposited due to late receipt. Thereafter bill for Rs.744 for the period 16.12.2007 to 15.1.2008 was received which includes amount of earlier bill and Rs.56 as penalty for non-payment of earlier bill. It was also observed by the complainant that the opposite party had wrongly charged an amount of Rs.30 on account of VAS and Rs.50 on account of infotainment in the bills for the period 16.11.2007 to 15.12.2007 and 16.12.2007 to 15.1.08. The opposite parties failed to rectify the said bill when requested to do so by the complainant. On 14.2.2008, before commencement of the next billing cycle i. e.16.2.2008 to 15.3.2008 complainant personally appeared before the opposite party-2 and moved an application stating the aforesaid fact and showing his willingness to deposit the amount. Request was also made by him to disconnect his telephone connection immediately as he was not satisfied with the services of the respondents. Opposite party No.2 waived Rs.225 on account of penalty, VAS and Infotainment charges and the balance amount against the bill of Rs.744 i. e. Rs.519 was deposited by the complainant. The telephone connection as requested by the complainant was not disconnected but no bill for the period 16.1.2008 to 15.2.2008 was issued by the opposite party-2. However, opposite parties again sent the bill dated 16.3.2008 for the period 16.2.2008 to 15.3.2008 for Rs.703 which included penalty of Rs.56.18 and Rs.340.60 as the amount of previous bill. The said bill also included Rs.30 as VAS and Rs.50 as Infotainment Charges. Alleging deficiency in service on the part of the opposite parties, the complainant filed complaint in the learned District Forum, Bathinda on 26.3.2008 and sought relief as under: (a) Direction to the opposite party to correct the bill for the period 16.1.2008 to 15.2.2008 (the period for which he did not receive the bill ). (b) Waive the bill amount for the period 16.2.2008 to 15.3.2008 (for which he had already applied for disconnection ). (c) Rs.20,000 as compensation for mental tension and agony. (d) Rs.1,000 as cost of litigation.