COMPLAINT AGAINST EXCESS TELEPHONE BILLING
BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM AT________
Complaint No. _________ of________.
_______________________________________ Complainant
VERSES
_______________________________________ Respondent.
Complaint under section 12 of the Consumer Protection Act, 1986.
Respectfully:
1. That the complainant is subscriber of Telephone No. __________which has been installed at his residence at ________ since the year _______.
2. That since the installation of Telephone the complainant had been receiving average bills around Rs. ______ including rental charges.
3. That for the last _________ months/years the respondent department has been sending excess bills in respect of the telephone and the complainant deposited the bills under protest thereby making complaints regarding the excessive billing of his telephone with the request to correct the same in accordance with the average billing, the copies of complaints are attached as Annexure C/1 to C/3 It is submitted that the following telephone bills in excess have been received by the complainant, the details of which are given below:-
a. Bill No. ______dated _________ Rs. ________
b. Bill No. ______dated _________ Rs. ________
c. Bill No. ______dated _________ Rs. ________
4. That the respondents have not properly enquired into the complaints made by the complainant in respect of the above excessive bills as would be evident from the letters received from the respondents, the copies of which are attached as Annexure C/4 to C/7 and copies of the disputed bills are C/8 to C/11 in as much as the computerized details of calls made from the telephone have not been supplied to the complainant as required under the rules.
5. At the complainant has seldom used his telephone for outgoing calls and the bills received by him are not justified and highly excessive.
6. That there is deficiency of service on the part of the respondents in excessive amount of call charges and also not holding proper inquiry into the complaints lodged by the complainant regarding excessive billing of his telephone besides it also amounts to unfair trade practice and the complaint deserves to be adequately compensated.
7. That the respondent has arbitrarily rejected the complaints of the complainant lodged against the excessive billing of his telephone without holding any proper investigation or inquiry and also keeping in view the fact that computerised details of calls have not been provided to the complainant under the rules.
8. That the cause of action arose to the complainant on each occasion when he/she received excess bills of his telephone and submitted complaint to the respondent which was not properly inquired into by the respondent.
9. That this learned forum has jurisdiction over the matter as the present complaint is in respect of consumer dispute within the meaning of the Act.
10. That the complaint is within limitation.
It is, therefore, prayed to allow the following relief by redressing the grievance of the complainant:
- That the respondents be directed to correct the bills issued to the complainant as mentioned in Paragraph 3(a) to (d) on the basis of average of past one year from the date of excessive billing of telephone.
- That the respondents be directed to adjust the excess amount above average received from the complainant in future bills.
- That the respondents be directed to pay a sum of Rs.5000/- to the complainant on account of mental tension, harassment and court expenses by not redressing the grievance of the complainant.
- Any other relief which this learned court deems fit may also be allowed to the complainant in the facts and circumstances of the case.
Complainant
Advocate
Place:
Dated:
ANNEXURES C1, C2 AND C3
BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM AT _________
Complaint No. _________ of________.
_______________________________________ Complainant
VERSES
_______________________________________ Respondent.
Affidavit of Shri ___________ s/o Shri ____________, r/o_________ aged about _______ years, complainant in this case.
I, the above named do hereby solemnly affirm and declare on oath as under:
1. That the accompanying complaint under section 12 of the consumer protection Act, 1986 has been drafted at my instance.
2. That I have gone through the contents of the said complaint from paragraph 1 to 10 which I admit as true and correct to my knowledge.
3. That the copies of the documents filed at Annexure C/1 to C/11 are true and correct of the original retained by the complainant which may be read in evidence.
4. In order to whatever stated above is true and correct to the best of my knowledge. No part of it is false and nothing material has been concealed therefrom.
Verified at _____ on this ____ day of _____
Deponent
BEFORE THE HON'BLE DISTRICT CONSUMER REDRESSAL FORUM AT ___________________
App. No.:______ of 20___ complaint No. _________
_______________________________________ Complainant
VERSES
_______________________________________ Respondent.
Application for Withdrawal of Complainant
Respectfully:
1. That the above noted Complaint was filed in this Hon'ble Forum by the complainant on _____.
2. That the complainant wants to withdraw the above complaint as the complainant has reached to compromise / wants to avail of the alternative remedy.
3. It is, therefore, most respectfully prayed that the complainant may kindly be permitted to withdraw the above complaint with a liberty to approach the appropriate alternative forum on the same cause of action in the interest of justice. Such other orders may kindly also be passed as deemed fit and proper in the facts and circumstances of case.
(Name of Place) Complainant/Applicant
______ Through, Advocate
BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL FORUM
AT _______________
App. No.:______ of 20___ complaint No. _________
_______________________________________ Complainant
VERSES
_______________________________________ Respondent.
Affidavit in support of Application for restoration.
I,______, do hereby solemnly affirm and declare as under :
1. That accompanying application has been prepared under my instructions.
2. That the contents of paragraph 1 to _____ of the complaint are correct and true to the best of my knowledge.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true to the best of my knowledge and no part of it is false and nothing material has been concealed therefrom.
Affirmed at (Name of Place) this the ______ .
Deponent
