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Entitlement to Compensation Under the Customer Service Guarantee Standard

Date: April 1, 2008
Reference: AUS 2008 TIO 4 EN (ICTDEC)
Database: TIO Determinations (Australia)
ICT Decision Making Body: Telecommunications Industry Ombudsman (Australia)
Theme(s): Consumer Protection
Language(s): English
Other Formats:

Summary

Facts

This complaint is about the rectification of a fault on the complainant’s fixed line telephone service at her property, and whether the complainant is entitled to compensation under the Customer Service Guarantee (CSG) Standard, given the circumstances in which the fault was rectified.

Decision

The TIO issued a determination that CSP should pay to the complainant the CSG sum of $943.80 in compensation, less the $43.56 already paid.

Reasoning

TIO has changed its Preliminary View to reflect that the delay from 1 March 2007 until 5 March 2007, a total of 2 business days, reflected a delay specifically requested by the complainant due to her unavailability on 1 March 2007. The TIO is of the view that there is otherwise nothing in the history of this matter that would attract the operation of s.15 of the Standard, or otherwise justify deviating from the normal position that CSG entitlement continues to accrue until the fault is rectified.
Although the CSP has previously proposed making some missed appointment payments, the TIO notes that compensation for missed appointments is not payable concurrently with payments for delay in rectifying a fault.
The period of delay for which CSG compensation should be paid therefore becomes 23 rather than 25 business days, for total compensation of $943.80.
The TIO notes that the CSP claims to have already applied $43.56 in CSG payments to the complainant’s account. The balance payable is therefore $900.24.