RELIANCE INFOCOM LTD Vs. DILIP SHRIDHARRAO SHINGARE

JUDGEMENT

(1.) RELIANCE Infocom Limited present appellant/Org. Opponent has filed this appeal against judgment and order passed by majority members of the Dist. Forum, Aurangabad in complaint case No. 330/2005.

(2.) THE case of present respondent/Org. Complainant before the Forum is briefed as under:

(3.) APPELLANT mobile company appeared before the Forum and resisted the claim. It was alleged that respondent was intimated by telecall on 8.12.2004 regarding deposit of additional charges of Rs.9,001 as it was for up gradation of mobile handset from Black and White to Colour handset within 7 days i.e. upto 14th December. That due to this upgradation credit limit extended to the complainant was crossed and for continuing his services, he was intimated to pay the said amount within a week. That respondent however failed to pay Rs.9,001 before stipulated date and therefore his mobile handset was deactivated on 15.12.2004. It was further submitted by appellant mobile company that out of Rs. 9,001 which were required to be paid by the respondent, Rs.5,001 were regarding "up front" payment as per scheme which was opted by the respondent and Rs. 4,000 towards usage of Black and White handset prior to up gradation for 20 months i.e. from May 2003 to December 2004 (Rs. 200 per month). It was also contended that in addition to Rs.9,001 respondent was also directed to pay Rs.300 per month for 36 months as part of upgradation scheme. It was contended by appellant company that at the relevant time i.e. December 2004 there was no practice of intimating the credit limit to the consumer in writing and the mode of intimation was telecalling. It was submitted by appellant that Telecom Regulatory Authority, Aurangabad ( TRAD vide its circular dated 27th June, 2005 have directed all telecom access provider including appellant to fix credit; limit for customer with a view to minimize the possibility of bad debts. Appellant company had already adopted policy of fixing credit limit and in case of respondent since credit limit was extended due to upgradation scheme as mentioned he was informed to pay Rs.9,001 before 14.12.2004. and since he failed to pay, his mobile set was deactivated, therefore, there is no deficiency in service on the part of appellant or unfair trade practice played by them. With this submission appellant company had requested Forum to dismiss the complaint.