KIRIT RAMNAJI THAKORE Vs. VODAFONE ESSAR GUJARAT LTD

JUDGEMENT

(1.) We have heard learned counsel Mr. Nirav R. Mishra, appearing for the appellant and learned Senior counsel Mr. Mihir Joshi assisted by Mr. Amit Panchal, appearing for the respondent.

(2.) The appellant had filed a complaint before the District Consumer Disputes Redressal Forum, Junagadh, which was registered as Forum Case No. 12 of 2005. The complaint was about the excess billing for Mobile No. 9879521885 and 9825221811 for the period between 07.12.2004 to 06.01.2005. The respondents stopped outgoing facility of the mobile phones and according to the appellant this was deficiency in service. The District Forum passed an order on 25.05.2007 and came to the conclusion that the appellant was rightly billed for the calls on his mobile numbers, but recorded the findings that the outgoing facilities was disconnected by the respondent company-service provider a day prior to the last date of paying the bill and that was considered as deficiency in service.

(3.) The order of the District Consumer Forum was challenged before the State Consumer disputes Redressal Commission Gujarat State at Ahmedabad in Civil Misc. Application No. 130 of 2008. The State Consumer Disputes Redressal Commission has dismissed the delay condonation application and refused to condone the delay in filing the appeal vide its order dated 13.10.2008.