S.Coari, Member - (1.) THE present Appeal has been directed against the judgment and order dated 27.6.2008 passed by the Calcutta District Forum, Unit -I in CDF/Case No. 271/2006 wherein the learned District Forum directed restoration of cellular phone in favour of the complainant with new number 9836134345 free of cost and also directed the OP to pay compensation of Rs. 3,000 and litigation cost of Rs. 1,000.
(2.) THE complainant/Respondent's case before the learned District Forum, in brief, was that the OP/Appellant provided service connection to the complainant on 12.6.06 free of cost on monthly rental basis. The OP without notice disconnected the service on 16.6.06 without assigning any reason whatsoever. The OP drew bill dated 6.7.06 in the name of the petitioner for the period from 6.6.2.2006 to 5.7.2006 after providing connection and the complainant also paid that bill. As the OP did not respond by reconnecting the connection, the complainant after serving notice upon the OP instituted the petition of complaint for redressal.
(3.) THE OP contested the case by filing written objection thereby denying all the material averments of the petition of complaint contending inter alia that the mobile connection was provided to the complainant due to mistake as the allotted number in respect of that mobile connection free of cost was only meant for special purpose. However, the fact was duly intimated to the complainant and though the OP provided another number for use by the complainant free of cost, for reasons best known to the complainant the complainant did not accept it, for which the OP is not responsible. There was no deficiency of service at the instance of the OP and hence, the petition of complainant was liable to be dismissed with cost. The Ld. District Forum while disposing of the petition of complainant has observed that it is an admitted position that the complainant was provided with service connection free of cost, but the OP without assigning any reason unilaterally disconnected the connection which has tantamounted to deficiency in service and accordingly disposed of the petition of complainant in the manner mentioned above. The only moot question that revolves round the present Appeal is as to whether the learned District Forum was justified enough in disposing of the petition of complaint in the manner as discussed above. Decision with Reasons;