Gujarat: Consumer forum allows PCO owner interest, but not loss in biz

The state consumer forum refused to entertain a complaint in which a consumer had sought repatriation in the form of money for an alleged business loss due to poor services of a telecom operator.

The case pertains to one Chunilal Mistry, a resident of Surat, who used to run an STD-PCO business in 2005. Mistry had taken the telephone connection for his business in 2005.

However, a year later he decided to quit the service due to poor connectivity.

While providing the connection, the service provider had sought a deposit of Rs 10,000 on the condition that it would be refunded to the consumer within 30 to 45 days once the service is discontinued.

Mistry had approached the district forum after it took the service provider six months to return the deposit. Awarding an interest on the extra days for which the deposit was delayed, the forum refused to entertain Mistry's plea that due to the delay in returning the deposit he had suffered a loss in business.

Dissatisfied with the forum's order, Mistry had approached the state forum. The telecom service provider argued that since Mistry had sought the connection for an STD-PCO, the case cannot be heard in a consumer forum.

The state forum did not entertain the argument stating that since Mistry was doing it for his livelihood it cannot be treated as being used for commercial purpose.

It further argued that the complainant had stated that he had suffered a loss in business due to the delay in returning the deposit but had not furnished any documents or proof to back his claim. The state forum thus upheld the district forum's order and said that while Mistry was entitled to interest on the Rs 10,000 for delay beyond 45 days, his argument for compensation for the loss in business cannot be entertained.