E-Paper
Pune consumer commission directs telecom operator to pay ₹1.50 lakh to consumer
Pune District Consumer Redressal Commission has directed telecom operator Tata Teleservices Ltd to pay to the complainant Rs.1.50 lakh towards physical and mental agony and financial loss
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Pune: The Pune District Consumer Redressal Commission has directed telecom operator Tata Teleservices Ltd to pay to the complainant Rs.1.50 lakh by way of compensation towards physical and mental agony and financial loss. The complainant identified as advocate Siddhartha Sharma in his complaint had sought relief that Tata Teleservices be directed to pay compensation of ₹5 lakh to him for the damages suffered by him for the unsolicited telemarketing calls made by the company for four years.
The forum in its order stated “The company must severally and jointly shall pay to the complainant an amount of ₹1.50 lakh as compensation towards physical and mental agony and financial loss. It shall jointly pay to the complainant ₹30,000 by way of costs of complaint. The opposite parties are hereby directed to comply with foregoing order within a period of six weeks from the receipt of this order failing which the opposite parties shall also be liable to pay to the complainant interest at 9% per year, on the entire awarded amounts as per forgoing order as from the date of expiry of stipulated period of six weeks till the realisation of the amount by the complainant.”
Advocate Sharma had sought relief that the company be directed to pay compensation of ₹5 lakh, for the damages suffered by him for the unsolicited telemarketing calls made by the opposite parties for four years. The second prayer of Sharma was that the company be directed to pay him a compensation of ₹5lakh for damages suffered by him for illegal deactivation of his SIM card by the company for the mala-fide and vindictive purpose.
Sharma also sought relief that the company be directed to pay him ₹5 lakh towards compensation for the damages suffered by him for poor, degrading and no network connectivity. Besides compensation of ₹2 lakh for damages suffered by him for unfair and illegal balance deductions from the SIM card of the complainant. The complainant was a subscriber with the mobile firm from 2012 to November 2016.
The company denied allegations mentioned in the complaint against them. According to the company, the present complaint is barred by limitation and the complainant has mixed many separate and different causes of action. The complainant has grievances about the telemarketing calls which at no length of imagination can get covered under “deficiency of service” and “unfair trade practice”. The complainant can allege that he suffered mental agony due to such clauses but for that, the complainant needs to approach TRAI or civil court and not consumer forum.
The claim of the complainant relates to August 2014 as it alleges that the SIM was deactivated on August 14, 2014 and the complaint regarding the same is made 2017 which is admittedly barred by law of limitation. After perusal of the contents there is allegation of illegal balance deductions from the main account of the complainant in 2012 but after the complainant made complaints, the same were refunded. The said submission of the complainant itself suggests two things, firstly, the claim is time barred as it relates to 2012 and for the same it is again asking for compensation which is again exclusive domain of the civil court and not consumer forum. Secondly, without prejudice to the above contents the cause of action does not survive as the balance was refunded immediately, the company stated.
