IDEA CELLULAR LIMITED Vs. ASHOK RAHEJA

JUDGEMENT

(1.) (Oral) - This revision is directed against the order of the State Commission Punjab dated 17.08.2012 in First Appeal No.791 of 2007 whereby the State Commission concurred with the order of the District Forum and dismissed the appeal.

(2.) Briefly put the facts relevant for the disposal of the revision petition are that the respondent filed a consumer complaint alleging that he is a consumer of the petitioner having pre paid mobile connection no. 98145-89954. According to the complainant, he has been harassed by unnecessary promotional messages and calls sent by the petitioner through various numbers. This led to the filing of the complaint.

(3.) The opposite party resisted the complaint by filing a written statement. In the written statement it was pleaded that opposite party had already started a "Do Not Disturb" facility for the subscriber but the complainant had not availed of that service. Even on merits it was denied that the calls and SMSs were made by the opposite party. The District Forum on consideration of the pleadings of the parties and the evidence allowed the complaint and directed the petitioner opposite party to pay compensation of Rs. 50,000/- to the complainant for mental harassment besides Rs. 5000/- as cost of litigation.