BHARAT SANCHAR NIGAM LIMITED Vs. AMBIKA SINGH

JUDGEMENT

(1.) THE case called out. Mr.R.K.Gupta, learned Counsel for the appellant Bharat Sanchar Nigam Limited (hereinafter called BSNL) is present while at the initial stage of the arguments none has responded on behalf of the respondent/complainant. However, an adjournment application was received on behalf of the respondent during the course of arguments. Since the hearing of this case had been adjourned on 22.4.2010 with an intimation to the parties Counsel that the case would be listed in the warrant list for hearing with no scope of adjournment and also there being no cogent ground for today s adjournment, the application is rejected.

(2.) THIS appeal has arisen against the judgment and order dated 25.7.2007 of the District Consumer Forum, Saharanpur whereby the respondent s complaint for quashing of the mobile phone bills dated 19.8.2004 and dated 19.9.2004 was allowed and the two bills were struck off with an award of Rs. 2,000.00 as compensation for mental and physical inconvenience allegedly suffered by the complainant. A sum of Rs. l,000.00 was also allowed as litigation charges. There is a default clause also which appears to indicate that in case the payment of Rs. 2,000.00 was not made within one month the complainant would be entitled to claim interest on the said amount at the rate of 10% p.a.

(3.) THE dispute pertains to the two mobile phone bills of Rs. 1,788.00 and Rs. 1,888.00 received by the complainant in respect of her mobile phone No. 9412234354. It is admitted to both the parties that the complainant Km. Ambika Singh who had taken the aforesaid cell phone under the student plan requested the General Manager, Bharat Sanchar Nigam Limited, Saharanpur vide her application of May 20, 2004 for withdrawal of the mobile phone service as she did not intend to avail it further. The General Manager acceded to the request and closed the mobile service available to the complainant with immediate effect. However, the complainant received a bill dated 19.8.2004 for Rs. 1,788.00 in the month of August, 2004 and likewise she had received another mobile phone bill dated 19.9.2004 for Rs. 1,888.00.