A telecommunication giant, SCANCOM PLC, operators of MTN Ghana, has been hauled before the court by a customer over alleged failure to instantly provide a service he had paid for.
The customer and Plaintiff in the suit, Paul Parker Atitsogbui, has taken the telecommunication company on for not immediately making available data he had purchased through his Mobile Money account.
The case is being heard by the Kaneshie District Court, presided over by Her Worship Ama Adomako-Kwakye. Mr. Atitsogbui is, therefore, demanding an amount of GH¢100,000.00 compensation from MTN Ghana for delaying to credit his telephone number with internet service valued at GH¢10.00.
In the writ filed on May 18, 2022, the plaintiff claimed that he bought an internet bundle on November 28, 2021, between the hours of 1:00pm and 1:10pm.
This was after the Plaintiff’s attempt to access internet on his mobile phone failed. Â The MTN, his service provider, had sent him a message that he had run out of data, for which reason he bought another bundle via his Mobile Money.
Although he received a prompt message that the transaction of 971.82MB at the cost of GH¢10.00 was successful, the data never reflected on the phone.
According to him, it took almost an hour for the internet bundle to reflect, following several calls to the MTN Customer Service Centre on the matter.
The Plaintiff said he did not notice that the data had been credited to him, because anytime he checked, the feedback was negative.
He only became aware after the first court hearing when the Defendant offered an explanation that the data had actually been credited, but because there was a pending update, the data was used up by the said update.
Meanwhile, the Plaintiff argued that the practice known to him in the industry, especially his dealing with the Defendant (MTN), was that once payment goes through successfully, the subscription number of the customer was credited instantly with the subject matter of the transaction.
Therefore, failure on the part of the Defendant to credit the Plaintiff’s account instantly for whatever reasons constitutes a breach of contract.
He added: “…more so, when the Plaintiff has brought the issue to the attention of the Defendant and same was not rectified immediately shows that the Defendant could not be bothered.”
In a nutshell, MTN has been sued over alleged failure to credit the Plaintiff with the data he purchased and duly paid for while he was in pressing need to use same.
The Plaintiff deemed the conduct of the Defendant as a denial of his right to enjoy a service he had paid for, therefore, needed to be compensated for same. It was the case of the Plaintiff that the Defendant would not compensate him unless compelled to by the court.
Scancom Plc denied the allegation in a 20-point statement of defence filed on June 16, 2022, and signed by its Counsel, Samuel M. Codjoe Esq. It, however, admitted to paragraphs 1 and 2 of the Plaintiff’s statement of claim to be true.
These paragraphs contained the contractual agreement between the Plaintiff and the network provider through acquisition of a mobile number, and the fact the he purchased the data on the said date and the stated amount.
The Defendant also acknowledged the fact that the Plaintiff called their toll free number to lodge a complaint.
However, the telecommunication company denied the other claims made by the Plaintiff, adding that he was just not impressed after his engagement with the Defendant.
The Defendant added that it even assigned its officials to engage the Plaintiff and offered the necessary explanations he required.
It explained that the Plaintiff was informed that for every data subscription by its customers, including plaintiff, a unique data ID was ascribed it, adding that the said data subscription was a ‘social media mashup’ data package that could only be used on social media platforms.
It added that the plaintiff was informed further that because he was on the social media mashup subscription, he, therefore, could not browse on other internet platforms.
“Even though Plaintiff was unable to browse on the internet under the circumstances stated in paragraph 10 supra, he (Plaintiff) was constantly receiving WhatsApp texts, and was able to browse on social media platforms at the material time, since Plaintiff was still on the social media mashup package,” it stated.
The telecommunication company counter-claimed that even though Plaintiff’s account was credited with the said data, and in its desire to ensure customer satisfaction, and as a gesture of goodwill, credited the Plaintiffs account with additional five gigabyte of data, which is far more in excess of what Plaintiff originally purchased.
It added that the plaintiff upon receipt of the data purchased together with the additional data proceeded to use and benefited from same.
The defendant contended that the Plaintiff’s conduct in respect of the legal action is not only duplicitous, but also, a smack on his integrity and short of the exercise of good faith and judgment.
The Defendant states that it is not liable to Plaintiff for his claims, and would contend that the present action against it is wholly misconceived and without any basis. Plaintiff has not suffered any damages whatsoever or howsoever since the said data Plaintiff complained of was credited to him.
