KIM SINHA vs BHARATI CELLULAR LIMITED

THIS appeal is directed against order dated 27.11.2003 passed by District Forum Kasturba Gandhi Marg, New Delhi, in Complaint Case No. OC/1700/2003 entitled Mr. Kim Sinha v. Bharati Cellular Limited.

THE appellant had filed a complaint before the District Forum on the ground that he was a subscriber of cellular services provided by the respondent in respect of his mobile connection bearing No. 9810077385 and was using the said facility for his business purposes. It was further stated that his average monthly billing was about Rs. 15,000/- and the appellant was making regular payment in respect of the bills raised by the respondent. However, in the months of October/November, 2002 the appellant was unable to pay the bills and the respondent allowed the appllant to use the facility till May, 2003. However, on 22.5.2003 the appellant was informed that a sum of Rs. 1 lac was outstanding against the appellant in respect of the services availed of by him. THE appellant, therefore, approached the respondent and as per the settlement arrived at between the appellant and the respondent, the appellant was allowed to make the payment of arrears in instalments. However, despite having agreed to receive the arrears due, in instalments, the respondent disconnected the facility of outgoing calls from the mobile of the appellant and accordingly the appellant had to approach the concerned District Forum for the redressal of his grievances. The learned District Forum after hearing the appellant on the question of maintainability of the complaint held that there was no deficiency in service on the part of the O.P. and as such dismissed the complaint filed by the complainant vide impugned order.

Aggrieved by the aforesaid order the appellant has preferred the present appeal before this Commission.

WE have heard the learned Counsel for the appellant and have also carefully gone through the documents/material on record. it is the admitted case of the appellant that there are arrears outstanding against the appellant in respect of the services availed of by him with regard to his mobile connection bearing No. 9810077385. Furthermore, though it is averred by the appellant that an agreement/settlement had been arrived at between the appellant and the respondent that he would be allowed to continue to avail of the services subject to payment of the outstanding dues in instalments, the appellant has failed to place the same on record or to prove the said agreement otherwise. In view of the admission of the appellant that there are outstanding dues in respect of his mobile connection, the action of the respondent in barring his outgoing calls does not appear to be unjustified. Accordingly there being no deficiency in service on the part of the respondent the dismissal of the complaint by the learned District Forum calls for no interference on our part in the exercise of our appellate jurisdiction. Accordingly, the above mentioned appeal filed by the appellant being devoid of merit is dismissed in limine with no order as to costs. Appeal dismissed.