DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 10 of 2022.

 

1. Shri Prasenjit Deb,

S/O. Paresh Ch. Deb,

Ward No.3, Sarada Palli,

79 Tilla, Kunjaban, P.S.-NCC,

P.O.-Kunjaban, Pin-799006, 

Dist.- West Tripura …....….........................................Complainant.

 

 

-VERSUS-

 

 

1. Area Head,

Reliance Jio Infocom Limited,

3rd Floor, Aitorma Agartala Sentrum,

Sukuntala Road,

P.S.-West Agartala, P.O.-Agartala,

Dist.-West Tripura, Pin-799001...............................Opposite Party

 

 

    __________PRESENT__________

 

 SRI RUHIDAS  PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

  WEST TRIPURA,  AGARTALA.

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA. 

 

 

C O U N S E L

 

For the Complainant : Sri Pritam Deb,

  Sri Mridul Kanti Arya,

  Advocates. 

 

For the O.P. : Sri J. Roy, Sr. Advocate,

  Sri Malay Dutta, Advocate.

 

JUDGMENT  DELIVERED  ON: 30/11/2022.

J U D G M E N T

The complainant Shri Prasenjit Deb,  set the law in motion by presenting the petition U/S 35 of the Consumer Protection Act, 2019 complaining deficiency of service committed by the O.P.  

  The complainants' case, in brief, is that Complainant in the year 2016 availed one Jio Sim Card from the O.P. and continuously uses this Sim Card till date. On 26/10/2021 the Complainant recharged with Rs.2,599/- for one year including some other benefit and one of the benefit was “DISNEY + HOTSTAR MOBILE SUBSCRIPTION FOR 1 YEAR” but after elapse of two months the Complainant noticed that his subscription of Disney + Hotstar for one year was ended without any intimation to the Complainant. The Complainant contacted with the customer care of the O.P. over phone but they failed to give any satisfactory answer regarding the unsubscription of Disney + Hotstar for one year. Thereafter, the Complainant went to the office of the O.P. but instead of help from the office staff of the O.P. mentally humiliated the Complainant by showing unreasonable explanation regarding the unsubscription of Disney + Hotstar for one year. So, due to deficiency of service caused by the O.P. the Complainant was deprived of enjoying “DISNEY + HOTSTAR”. 

Hence this case. 

 On the other hand O.P. contested the case by filling written statement.

           In the written statement the O.P. submitted para-wise reply to the complaint in seriatim. Mostly, O.P. denied and disputed the averments made in the complaint.  

      In the written statement it is also stated that the statements made in Para (b) of the complaint petition, the O.P. denies the same as absolutely false and misleading. O.P. stated that the Complainant had initially recharged with Disney + Hotstar bundled plan on 25th of December, 2020 and the said plan was valid for one year till 25th December, 2021. Thereafter, the Complainant suo moto without any intimation from the O.P. and without waiting for the expiry of the one year validity had surprisingly in violation of the terms and conditions of the Disney + Hotstar plan performed recharge of Rs.2,599/- on 26th of October, 2021 at 23:20:15 hrs through My Jio Application with transaction done through his credit card and which was done two months earlier than the expiry date. Therefore, the allegation of the Complainant that after elapse of two (02) months of his recharge on 26th of October, 2021 the subscription of Disney + Hotstar was ended without any intimation is entirely false and misleading as the subscription of Disney + Hotstar is to be ended on 25th December, 2021 was the subscription of the original recharge which was done on 25th of December, 2020 for one (01) year validity. 

         O.P. Company vehemently denies the statement in Para (c) and (d) of the complaint petition and it is absolutely false and misleading. 

       

 3. EVIDENCE ADDUCED BY THE PARTIES:

The Complainant examined himself as PW-I and submitted his examination in chief by way of affidavit. He has produced 02 documents comprising 02 sheets under a Firisti dated 07/01/2022. The documents are namely Print copy SMS & Print copy of Email which are marked as Exhibit-1 series.  

On behalf of the O.P. one witness namely Shri Basudeo Shah, S/O.-Lt. Deo Narayan Shah of Metro Bazar, H.G.B. Road, P.O.-Agartala, P.S.-West Agartala, Dist.-West Tripura was examined. He has produced 01 document which are marked as Exhibit-A series.    

 POINTS TO BE DETERMINED:- 

4.  Based on the contentions raised by both the parties the following issues were framed for determination:  

   (I). Whether  there was any deficiency of service committed by the O.P. towards the Complainant?

    (II). Whether the Complainant is entitled to get any  compensation/relief ?

ARGUMENT : 

On the date of argument there was no step from the side of the Complainant and we heard Learned Senior Counsel on behalf of the O.P. Subsequently a written argument is submitted on behalf of the Complainant on 18/11/2022 and in the written argument it is stated that the Complainant in the year, 2016 availed one Jio Sim Card and he is using the Sim Card till date. The Complainant recharged the Sim Card with Rs.2,599/- for one year including some other benefit and one of the benefit was “DISNEY + HOTSTAR MOBILE SUBSCRIPTION FOR 1 YEAR” but after elapse of two months the Complainant noticed that his subscription of Disney + Hotstar for one year was ended without any intimation to the Complainant. Thereafter, the Complainant contacted with the customer care of the O.P. over phone but they failed to give any satisfactory answer. It is further stated that due to deficiency of service caused by the O.P. the Complainant had to suffer a lot and he was deprived of enjoying Disney + Hotstar as per period of contact and it is prayed to award exemplary compensation.  

At the time of argument Learned Senior Counsel for the O.P. submitted that there are terms and conditions for purchasing and subscription of Disney + Hotstar. Customer is offered of Disney + Hotstar for 12 months at a time and the period of 12 months commence from 1st January of the Calendar Year till 31st of December of the same year. It is also submitted that the offer is subject to guidelines and directions issued by the Department of Telecommunications, Ministry of Information and Broadcasting and Telecom Regulatory Authority of India or any other statutory authority from time to time. Learned Senior Counsel submits that it is admitted fact that the Complainant recharged his Sim Card on 26/10/2021 for one year including for some other benefit and one of the benefit was Disney + Hotstar and Disney + Hotstar which is a separate benefit and two avail the service of Disney + Hotstar customer is to follow the terms and conditions of Disney + Hotstar offer. Perhaps it is a his misconception of the Complainant that he will get service of Disney + Hotstar for 12 months that is one year from the date of recharge but it is not the condition. Two get one year service of Disney + Hotstar a customer has to purchase the service w.e.f. 1st January of a Calendar year otherwise the service of Disney + Hotstar will be Partial i.e. not yearly. Learned Senior Counsel has also shown the relevant terms and conditions of 'Disney + Hotstar' which is marked as Exhibit-A. Lastly, he submitted to dismiss the complaint as it is devoid of merit.        

6. DECISION AND REASONS FOR DECISION:

Both the points are taken-up together for convenience for decisions. 

We have gone through the pleadings of both the parties as well as evidences adduced from their sides. The document submitted from the side of the Complainant are marked Exhibit-1 series and from their documents we found that Jio No.7005284808 is recharged for Rs.2,599/- on 26th October and validity is 365 days. There are some entitlement benefits shown in this document and other is separately mentioned in the title of subscription “ Down Load Disney + Hotstar App”. This document clearly speaks that recharge of Jio Sim for 365 days and to avail the service of Disney + Hotstar App is not the same. We have seen the terms and conditions of Jio Disney + Hotstar and it is clearly mentioned that a customer can avail the Membership of Jio Disney + Hotstar for 12 months and once  a customer recharges with an Eligible Plan on 1st January, 2021, the Customer shall be entitled to Membership for 12 months i.e. till 31st December, 2021. If the Customer recharges with an Eligible Plan again on 1st June, 2021, then the Customer Membership shall still expire on 31st December, 2021.  

On appreciation of documentary evidences of both sides, we hold that Complainant has failed to prove deficiency in service of the O.P. and complaint is devoid of merit.

        Hence, complaint is dismissed. No cost.  

      Supply a certified copy of the judgment to both the parties free of cost.    

 

 Announced.

 

SRI  RUHIDAS  PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA

 

SRI SAMIR  GUPTA

MEMBER,

 DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.