E-load sub-dealer files complaint vs. SMART

A sub-dealer of an electronic load distribution firm in Cebu who complained that millions worth of electronic load was illegally captured by Smart Communications Incorporated has asked the National Telecommunications Commission to compel the telecom giant to comply with their agreement during a mediation hearing held last month.

Dick Nathan Co, through his counsel, Janeses Ponce, asked the NTC to issue a writ of execution against Smart Communications to oblige the telecom firm to reactivate his sub-dealer Subscriber Information Module or SIM, which contains P259,260 worth of e-load.

Co, in a five page motion filed with the NTC the other day, said that Smart Communications did not comply with what they have agreed during the compulsory mediation presided over by NTC regional director Danilo Sy.

During the mediation hearing last June 28, Smart officials promised to reactivate the sub-dealers’ SIM within five days. However, Co said that the five day period has long been over but until now the telecom firm failed to fulfill its promise.

Co demanded that Smart Communications be ordered to return the captured e-load within 24 hours and likewise asked the NTC to compel Smart to pay interest, penalties and surcharges from May 16, the date of deactivation.

The complainant is also demanding for more than a million pesos in damages and attorney’s fees. He is asking for P500,000 in moral damages, another P500,000 for exemplary damages and P150,000 litigation cost.

Co also wants Smart to be held in contempt for allegedly violating the terms of the compulsory mediation as well as intentionally refusing to comply with the orders of the NTC.

The complainant said that because of Smart’s alleged “evident bad faith” in not complying with the agreement, he is now joining the IDNI in its case for estafa and violation of the Access Devices Regulation Act of 1998 against Smart.

In a press statement sent to The Freeman last week, Smart announced it has activated all sub-dealer SIMs of sub-dealers who have complied with the requirements for re-activation. The firm said that it shall activate the remaining sub-dealer SIMs upon presentation by the sub-dealers concerned of the required documents.  These sub-dealers will then be able to consume the E-Loads, in accordance with existing industry practices.

Lawyer Rogelio Quevedo, group head of Smart’s Regulatory Management  Office, assured the sub-dealers of Smart’s commitment to protect their interest. Quevedo said Smart shall ensure that the sub-dealers are able to dispose of the remaining e-loads in their SIMs upon activation. “The sub-dealers are Smart’s paramount concern in this issue,” he said. — Fred P. Languido/QSB