RELIANCE TELECOM LIMITED Vs. KUSHAL JAIN

JUDGEMENT

(1.) THESE two appeals (Nos. 192/2004 and 329/2004) arise out of the order dated 30.12.2003 passed by District Consumer Disputes Redressal Forum, Indore in Case No. 362/2002 directing opposite party, the Reliance Telecom Limited (for short the "RTL") to pay to the complainant -Kushal Jain compensation of Rs. 3,000/ -, besides cost of Rs. 1,000/ -.

(2.) THE complainant got his mobile service activated on 25.5.2000 from the RTL under a tariff plan of Call -in -free 3000 and deposited a sum of Rs. 2,500/ - as security deposit. The present dispute relates to bill dated 6.10.2001 raised by RTL for the period 7.9.2001 to 6.10.2001 for a sum of Rs. 1,950.92. The pay -by -date indicated in the bill was 19.10.2001. However, it was noted on the bill that pay -by -date is not applicable in case billed plus unbilled amount exceeded 75% of the security deposit. It appears that in the instant case the billed as also the unbilled amount exceeded 75% of the security deposit and as such firstly his outgoing facility was discontinued on 11.10.2001, then his incoming facility was barred on 15.10.2001 and finally his services were terminated on 18.10.2001, even though the entire amount of the bill was paid by the complainant on or before the pay -by -date of the bill. The complainant approached the Forum below complaining deficiency in service on the part of the RTL and claimed compensation of Rs. 1,55,000/ - towards loss in business, harassment and mental agony. The Forum below after inquiry allowed the complaint in part awarding compensation as aforesaid.

(3.) RTL by its appeal (No. 192/2004) seeks quashment of the order while the complainant has filed appeal (No. 329/2004) praying for argumentation of the amount of compensation.