PRASHANT NARULA Vs. RELIANCE INFOCOMM SERVICES

JUDGEMENT

(1.) -COUNSEL for the respondent has appeared on his own by way of caveat and argued the matter, hence we are deciding the appeal on merits.

(2.) VIDE impugned order dated 14th January, 2008 passed by the District Forum, the respondent has been held deficient in service who had admitted during the proceedings that the security amount was not refunded to appellant prior to filing of the instant complaint and directed to pay Rs. 2,000 as compensation and Rs. 1,000 as cost of litigation. Feeling dissatisfied with the amount of compensation as to the mental harassment suffered by the appellant, the appellant has preferred this appeal.

(3.) APPELLANT is a Principal in a Public School and was subscriber of the telecom services provided by the respondent-Reliance Communication Limited. As per his allegation he used the above said services of the respondent upto July, 2006 and due to poor services and the substandard telephone instrument provided by the respondent, appellant was forced to request for the disconnection of the said services. That at the time of said request for disconnection there was a balance security deposit of Rs. 1,001 which remained pending against the respondent. The Collection Executive who received the Telephone Instrument, Adapter FSW, collected the balance sum of Rs. 146 subtracting security amount of Rs. 1,001 vide receipt No. OK L 56e862150 dated 24. 7. 2006. However, appellant kept on receiving phone calls on his telephone for payment of bills which created disturbances during the meetings, seminars and other important works. Again a Collection Executive came to the school of the appellant in the name of collecting balance amount of Rs. 1,001 on 22. 8. 2006 and started shouting at the appellant on top of his voice in front of other school staff, without listening to the requests and clarification of appellant regarding adjustment of the said amount. However, the Executive did not listen to the appellant and insisted for the payment of the said sum of Rs. 1,001. Hence the appellant under protest issued a cheque of Rs. 1,001 vide cheque No. 022322 dated 22. 8. 2006 drawn on ICICI Bank and the said Executive acknowledged the payment of the above mentioned amount. Surprisingly the appellant got a letter addressed as 'urgent and Important' from Mr. Pawan Rohtagi, Head Billing and Collection on 31. 10. 2006 for the payment of alleged due amount from the appellant amounting to Rs. 1,229 alleging outstanding against MDN No. 113239966, without verifying the records from their office with a threatening to the appellant of facing/holding responsible for the cost and consequence of probable legal proceedings.