M.THANIKACHALAM J. - (1.) The appellant as complainant filed a complaint before the District Forum against the respondent/opposite party praying for the direction to the opposite party to pay Rs.1 lakh towards damage on various heads and to pay the cost. The District Forum dismissed the complaint, against the said order, this appeal is preferred praying to set aside the order of the District Forum dt.21.07.2008 in C.C.237/2006. This appeal coming before us for hearing finally on 15.04.2011, upon hearing the arguments of the either counsels and perused the documents, as well as the order of the District Forum, this Commission made the following order: The unsuccessful complainant is the appellant.
(2.) Facts leading to this appeal:- The complainant was a prepaid subscriber of Airtel Cellular mobile, which was converted, as post paid connection at the instance of the opposite party, offering attractive scheme, as if available and the Mobile Connection Number was 9840357457. As and when monthly bills are received, he paid promptly.
(3.) On 18.4.2004, a call came from the opposite party, demanding a sum of Rs.608.99 as per the Invoice dated 21.3.2004, which was already paid through cheque, encashed. Often the opposite party was reminding or calling to pay the amount or demanding the amount despite the fact, bill was already paid, not only that, representative of the opposite party also came to the house and disturbed the wife of the complainant as well as aged parents, thereby harassing them, causing mental agony. The net work of the complainants mobile number was disconnected abruptly on 27.4.2004 around 11.20 a.m. for no fault committed by the complainant, thereby disabling the complainant to contact his clients, with respect of his professional activities, thereby caused monetary loss also. On 14.05.2004, a representative of the opposite party came to the residence of the complainant, to collect the balance amount for the usage in April 2004, collected Rs.665.20 instead of the bill amount of Rs.815.20, waiving the default, late fee charges of Rs.150/-. Another bill was issued for the amount deducted by their representatives, thereby humiliated the complainant, for which, a legal notice was issued claiming damage of Rs.1,39,000/-, for which, there was no reply. By the deficiency and harassment including the termination of the connection, though the complainant was put to more monetary loss, he restricts his claim to Rs.1 lakh. Thus the complaint.;