Rajasthan

StateCommission

A/362/2015

Mahesh Saini s/o G.C.Sani - Complainant(s)

Versus

Bharti Haxacom Ltd. - Opp.Party(s)

Savraj Sharma

28 Mar 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

FIRST APPEAL NO: 362 /2015

 

Mahesh Saini s/o GC Saini ,Sports Officer r/o 606-A, Barkat Nagar, Near St.Joseph School,Tonk Phatak,Jaipur.

Vs.

Bharti Haxacom Ltd., Sunny House, K-21, Malviya Marg, C-Scheme,Jaipur.,

 

Date of Order 28.3.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs. Sunita Ranka -Member

 

Mr.Swaraj Sharma counsel for the appellant

 

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the

 

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learned DCF,Jaipur 3^rd dated 17.12.2014 whereby the complaint has been dismissed.

 

The contention of the appellant is that he was having another cell phone connection. Some services on that connection has been withdrawn and some other service was started on payment without his instructions. It was deficiency on the part of the respondent and the complaint should have been allowed.

 

Heard the counsel for the appellant and perused the impugned judgment as well as the original record of the case.

 

The main contention of the appellant before the Forum below was that he want to transfer the connection which was in the name of Avinash which has not been done by the respondent. In the complaint there is no avernment that on any other connection which is in the name of the complainant, services has been withdrawn or started without his consent hence, the contention of the appellant is groundless. When there is no pleading to the effect, these arguments could not be entertained. The Forum below has rightly held that there was no privity of contract between the appellant and the respondent

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company as the connection stands in the name of Avinash and after considering the merit of the case the complaint has rightly been disallowed. There is no merit in this appeal and liable to be rejected.

 

(Sunita Ranka) (Nisha Gupta )

Member President

 

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