TATA TELE-SERVICES LIMITED Vs. PANKAJ KUMAR SINGH

JUDGEMENT

(1.) appellant is a service provider of mobile phones. The respondent is a consumer of the appellant. The appellant raised a bill for the month of February 2004 in respect of mobile phone of the respondent for Rs.1,382.38 payable by 15.3.2004. However, the respondent deposited a cheque dated 28.2.2004 drawn on respondent No.1 Bank towards the said bill. He also deposited a sum of Rs.1,500/- in his account with the respondent No.1. However, on 9.3.2004, the respondent received a telephonic message from the appellant that his cheque has been dishonoured on presentation. On receiving this message he immediately deposited the amount in cash on 9.3.2004 itself. In spite of this the appellant suspended the out-going facility of the mobile phone of the respondent.

(2.) Feeling aggrieved of the action of the appellant the respondent filed a complaint before the District Forum for compensation on account of deficiency in service. Vide order dated 2.9.2004 the appellant was ordered to pay a sum of Rs.5,000/- as compensation and Rs.1,000/- as cost of litigation.

(3.) The case of the appellant in brief is that as per CAF Clauses 4 and 5 of the Terms and Conditions in the CDMA Mobile Tariff Plan, the telephone of the respondent was disconnected for non-payment of the bill due in January, 2004 by virtue of terms and conditions agreed by the respondent. The clauses are as under: