M.THANIKACHALAM J. - (1.) The opposite parties are the appellants.
(2.) The respondent/ complainant, who had availed the service of the opposite parties, by getting a mobile No.98400 20769, was paying the bills promptly, but the service was disconnected on 24.1.2003. The enquiry, why the service was disconnected, revealed that bill for the month of November, not paid, though the complainant has paid the bill on 30.11.2002 itself. Due to the gross negligence of disconnecting the service, the opposite parties have caused great hardship, resulting mental agony, which was not rectified, even after the issuance of lawyers notice, thus complaining, a consumer complaint came to be filed, for the refund of the amount paid, seeking compensation of Rs.75000/-, conveyance charges Rs.15000/- etc.
(3.) The opposite parties, admitting the service provided by them, opposed the claim, contending that for the non-payment of the bill amount in time alone, service was deactivated, the complainant is not a consumer, and they had no knowledge about the disconnection of the service, on 24.1.2003,since they have not disconnected service connection, that for the non-payment of the bill amount, the mobile connection was deactivated on 19.5.2003, which cannot be termed as deficiency in service, praying for the dismissal of the complaint.;