MAHANAGAR TELEPHONE NIGAM LTD Vs. BAL KISHAN

JUDGEMENT

(1.) Being persuaded by the advertisement in the newspapers given by the appellant that talk time of Rs. 2,000 shall be given on the mobile phone to the consumers, the respondent purchased a Trump Recharge coupon for Rs. 2,160 but he was given talk time of Rs. 1,500 only. Respondent filed a complaint before the District Forum seeking compensation for deficiency in service on the part of the appellant. The complaint of the respondent was allowed vide impugned order dated 20.1.2005, passed by the District Forum directing the appellant to provide full talk time of Rs. 2,000/ - or refund the balance amount of Rs. 500 and also pay a sum of Rs. 2,000 as compensation for the mental agony and Rs. 500 as cost of litigation.

(2.) THROUGH this appeal, the impugned order has been assailed mainly on the ground that there was no such scheme at the time the sim card was purchased and, therefore, there is no deficiency in service on the part of the appellant. It is admitted that the appellant had floated such a scheme but in the intervening period the talk time was reduced to Rs. 1,500. There is reference of advertisement of such scheme in the newspapers, copy of which is on the record. Once the respondent had purchased the sim card pursuant to this scheme the appellant was not authorised to reduce the talk time from Rs. 2,000 to Rs. 1,500 and this act on the part of the appellant amounts to deficiency in service as contemplated under Section 2(1)(g) of the Consumer Protection Act, 1986 which means:

(3.) IN the result we partly allow the appeal by modifying the quantum of compensation and cost from Rs. 2,500 to Rs. 1,500.