Determinations

TDR Case Note T013028 (2015)

Background

The Customer went to Australia on holiday and then received a $500.00 invoice from the Provider for roaming charges. He stated that he had not asked the Provider to give him roaming services while he was in Australia. He also complained about the way in which the Provider handled his complaint.

Adjudicator’s decision

After considering the complaint the Adjudicator held as follows:

  1. The Customer had entered into a contract with the Provider which included the terms and conditions. The terms and conditions include a clause that he will be liable to pay for all charges on his account no matter who had incurred those charges. The roaming facility on mobile phone is automatically turned on, and when the phone is activated on a roaming network a text message is automatically sent to the phone advising the owner it was on roaming.
  2. The Adjudicator found the records showed that the Customer’s phone had incurred the charges when it was connected in Australia. The charges were properly raised and the Customer was liable to pay the amount due.
  3. The Adjudicator referred to the onus of proof in TDR complaints and noted the onus was on the Customer to prove, on the balance of probabilities, that his case should be successful.
  4. The Customer complained that the Provider had disconnected his phone and charged an early termination fee. The Adjudicator noted the Provider had investigated the Customer’s complaints for approximately seven months before disconnecting the connection. The Adjudicator considered the Provider had acted reasonably and was entitled to disconnect the Customer for non payment of the account.
  5. The Adjudicator found that the Customer was liable to pay the amount due to the Provider.