1. Jurisdiction decision
This is a complaint that can be accepted by TDR as it relates to a transfer dispute involving elements of customer service and billing, all of which are within TDR’s jurisdiction.
Further, the retail scheme member have not raised any exclusions from TDR’s scope, nor do any exclusions apply.
The Customer applied to the retail scheme member for the installation of 2 internet connections as he has two houses on his property. One connection was for $65.00 monthly and the second was for $75.00 monthly.
There was a delay in connecting to the second house.
The Customer was charged for 2 invoices within 2 weeks of connection.
The Customer wants the 12-month contract to be released so that he could move to another provider.
The retail scheme member has addressed each of the issues above.
There is a 26-day delay in connection to house B. The retail scheme member has provided The Customer with a 2-month credit.
The retail scheme member has also offered an apology and a release from the 12-month contract.
3. Dispute outcome
4. Final determination
In making this determination I have considered the information provided by [The Customer and retail scheme member] and:
Fairness in all the circumstances
Any relevant legal requirements
The Code and its service standards, including position statements; and
Any other relevant telecommunications code.
Having discussed this with The Customer and the retail scheme member I am satisfied that there is a settlement of this dispute. Therefore, I make the following determination.
5. The Dispute
The parties have both provided the information provided at paragraph 1 above.
6. Positions of the respective parties
The Customer’s position
The Customer is concerned about staying with the retail scheme member after the issues experienced in the first month.
He wants an apology, acknowledgement of the issues he has experienced, and release from the contract.
The retail scheme member’s position
The retail scheme member has offered to apologise and release the Customer from the 12-months contract. I note that the retail scheme member have provided The Customer with a 2-months free connection.
7. Reasons for the decision
It appears that the parties in this dispute are both wanting to settle this dispute. They have both addressed the same issues and to me, it seems to be easily settled.
8. Future actions
The retail scheme member is to provide a written apology and release The Customer from the fixed term contract on his internet connection.