Maharashtra State Consumer Disputes Redressal Forum has upheld a lower court order which asked the private mobile service provider to pay Rs20,000 compensation and Rs5,000 costs to a doctor for failing to stop unsolicited commercial phone calls. Dr Ashish Gala had registered with Vodafone on the “Do not Call list”. Yet, he got calls from various companies following which he filed a complaint with the service-provider on 30 August 2008, saying Vodafone should have ensured that he did not get the calls. Vodafone argued that it was not deficient in service as, under Telecom and Solicited Commercial Communications Regulations, 2007, there is no positive obligation on it to stop unsolicited commercial calls. In fact, Vodafone said, Telephone Regulatory Authority of India did not completely and immediately stop it; and acknowledges that such communication or calls cannot be stopped entirely. SR Khanzode and Dhanraj Khamatkar, in their order, disagreed. “Deficiency in service within the meaning of Section 2(1)(g) of the Act is well established as against Vodafone,” they held.
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