TATA TELESERVICES LTD Vs. PANKAJ KUMAR SINGH

JUDGEMENT

(1.) This revision petition is preferred against the order dated 3rd November, 2004 passed by the Delhi State Commission in Appeal No. A-791 of 2004 directing the petitioner, Tata Teleservices Ltd. to pay Rs. 5,000 as compensation and Rs. 1,000 as litigation charges for deficiency in service to the complainant Shri Pankaj Kumar Singh. Brief facts of the case are:

(2.) Respondent/complainant Shri Pankaj Kumar Singh is a Delhi based practising Advocate. He got a Mobile Phone No. 56130490 from the revision petitioner. The petitioner raised a bill for the month of February 2004 for Rs. 1,382.38 payable by 15.3.2004. The respondent deposited a cheque No. 254535 dated 28.2.2004 drawn on UCO Bank for Rs. 1,400. This was wrongly dishonoured with a remark "Insufficient funds" by the Bank on 5.3.2004 and on 9.3.2004 and he received a telephonic message from the petitioner that the said cheque was dishonoured on presentation. The respondent immediately deposited in cash with respondent No. 3, Oval Systems and Communication on 9.3.2004 itself. In spite of depositing Rs. 1,400 in cash with respondent No. 3, the petitioner suspended outgoing facility on his mobile phone. Respondent No. 1 personally met officers of the petitioner and respondent No. 3 and after his meeting outgoing facilities were restored on 10.3.2004.

(3.) It is the case of complainant that in spite of full payment in cash, outgoing facilities were again suspended on 12.3.2004 till 22.3.2004 (for a period of 10 days). Further it is alleged by the respondent No. 1 that a notice was issued to him on 27.3.2004 under Section 138, Negotiable Instruments Act on the specious ground that issuance of a dishonoured cheque Court takes an offence under Negotiable Instruments Act notwithstanding the cash payment made subsequently. It is contended that the petitioners have behaved in a very rough handed manner and it amounts to deficiency in service.