VODAFONE ESSAR LTD Vs. NITIN GOEL

JUDGEMENT

(1.) The suit is filed to recover a sum of Rs. 63,816.37 together with interest thereon at 18% per annum from the date of the filing of the suit till payment and/or realization.

(2.) The claim arises in respect of the mobile telephone facility granted by the plaintiff to the defendant, pursuant to an agreement in writing between the parties. It is important to note as far as the merits of the matter are concerned, that the defendant has availed of the roaming facility both national as well as international. It is also fairly conceded that during the period when the disputed bills were raised, the defendant had been travelling even abroad. There is little to be said on merits in favour of the defendant.

(3.) However, a question of law was raised on behalf of the defendant based on the Customer Agreement entered into between the parties and the provisions of The Indian Telegraph Act, 1885.