A mobile telephony company is required to pay the sum of €1,000 to a consumer who has had the fixed amount of his bill increased, twice, without his consent.
Specifically, in March 2016, the consumer, a lawyer by profession, renewed his contract with a mobile telephony company, with the final monthly amount (if the benefits of the plan are not exceeded) being 25.75 euros, for 1500 minutes of airtime to all, 1500 sms to all and 2 GB internet.
Two months later, the company sent him a text message informing him that an additional 500 MB had been added to his plan, and when he received the bill a few days later, he saw that he owed the amount of €29.94, even though he had not exceeded the consumption of the agreed benefits.
The consumer complained to the customer service centre of the mobile telephony company and developed legal arguments regarding the unilateral and illegal modification of the contract by the latter, with the employee responding: «don't give me that lawyer stuff».
When he informed the head of the department about the employee's behaviour and the unilateral increase in the amount, he assured him that he would not pay it.
However, in April 2017, the mobile phone company amended the contract for the second time without his consent, with the consumer taking the consumer to court for moral damages.
The Aigialia Magistrate Court rejected his claim, however, after an appeal, the Aigio Court of First Instance upheld the lawsuit, ruling that the unilateral change of the charge is abusive.
