Pune: The District Consumer Forum has ordered Idea Cellular to refund Rs 9,685 with nine per cent interest from August 2014, which the company had overcharged after unilaterally activating international roaming when the customer had gone to Italy for four days. The forum also directed the company to pay Rs 20,000 as compensation.
Complainant’s case
Ramdas Jaid of Erandwane is a customer of Idea Cellular since 2001. In July 2014, he traveled to Italy for four days. On returning, he found that in the bill dated August 6, 2014, roaming services were activated by the company without any intimation.
He complained to Idea several times but in vain.
“To recover the bill for August 2014, the company increased the credit limit to Rs 32,300 to facilitate charging and recovering the additional amount. At that time the bill was charged Rs 24,684.55, which is above credit limit. Thereafter, in October the credit limit was again increased to Rs 69,400 and by then the bill was paid under duress and fear of disconnection,” Jaid’s complaint stated.
He moved the forum in January 2016 and sought refund of wrongfully charged bill amount of Rs 23,825 with interest. He demanded Rs 10,000 as litigation cost and Rs 50,000 as compensation towards frustration, inconvenience and mental agony.
Idea Cellular version
The company submitted that every time after use of GPRS, the customer gets information about time and volume instantly.
The complainant was aware about activation of roaming services and there is no question of coming to know about activation of service after returning and perusing the bill. There is no compulsion to use a particular service provided to the customer. The complainant used the services knowingly. The question of miscalculation does not arise as the bill was raised as per usage by customer and the itemized bill was provided to the complainant.
If he chose not to use any service, he will not be required to pay any charges. However, he used the GPRS i.e. roaming service and cannot deny paying for usage of the service, the company told the forum.
The company added that the increase of credit limit does not mean the company will charge to that extent or customer is required to deposit the said amount. Credit limit is as per status of the customer and association with the company. Credit limit is in order to get uninterrupted services. It is not correct to say the complainant had no intimation as flash message was sent to him. As the usage was increasing and to get uninterrupted service the credit limit was increased and there is no connection between increasing the credit limit for overcharging customer.
Forum finds deficiency in service
Forum President Anil Khadse and Member Sangita Deshmukh in their judgement dated August 3 stated, “It is clear that the complainant being a consumer of connection has availed the service for his mobile connection with a dynamic credit limit of Rs 15,000 but when the company raised a bill of Rs 24,684.55 including international roaming charges of Rs 19,000 without any intimation to the complainant, it amounts to deficient service.”
