BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 91 of 2015
Date of Institution : 5.5.2015
Date of decision : 27.2.2017
Amrit Pal son of Shri Sardar Madho Singh, resident of Shop No.49, New Anaj Mandi, Ellenabad, Tehsil Ellenabad, District Sirsa.
……Complainant.
Versus.
1. Guru Kirpa Communication, M.C. Market, Sirsa, District Sirsa, through its partner/ proprietor.
2. Idea Cellular Limited, A-68, Sector 64, Noida- 201301 (Haryana Region) through its Regional Manager.
3. Registered Office: Idea Cellular Limited, Suman Tower, Plot No.18, Sector 11, Gandhi Nagar-382011 (Gujarat) through its Managing Director.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA …………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ……MEMBER.
Present: Sh.Manav Goyal, Advocate for the complainant.
Sh. D.L. Gupta, Advocate for opposite party no.1.
Sh. S.K. Puri, Advocate for opposite parties no.2 &3.
ORDER
Case of complainant in brief is that he was having postpaid connection No.93556-94000 of Reliance company and was paying the charges to the company regularly without any fault on his part. That thereafter the complainant has ported the above said postpaid connection to pre-paid connection in the month of September, 2014 and since then he is using the above said connection as prepaid without any fault on his part. At present he is having pre-paid connection of Idea company. It is further averred that in the month of November, 2014 the ops have stopped the above said connection of complainant on the pretext that bill is pending against him. However, when he got ported his number from Reliance company to Idea company, then he paid final bill to the Reliance company and now he is using the pre-paid connection in which nothing can remains outstanding against the complainant because prior to making any call he pays charges of the same in advance. It is further averred that after stopping of the above said number by the ops, the complainant approached and requested the ops to start the number of complainant but all in vain and the ops are not ready to start or restore the above said number of complainant without any rhyme or reason and have caused lot of harassment to him. The complainant also got served a legal notice upon ops on 25.2.2015 but to no effect. Hence, this complaint.
2. On notice, opposite party no.1 appeared and filed written statement taking certain preliminary objections regarding maintainability; cause of action and that the complaint is bad for non joinder and mis joinder of necessary party. M/s A.G. Communication, Jiwan Nagar has not been made a party from whom the complainant ported the connection in question. The complainant has also not made party to reliance company. Preliminary objections regarding suppression of material facts and limitation have also been raised. On merits, it has been submitted that complainant has not got ported the post paid connection to pre-paid connection from answering op. Remaining contents of the complaint have also been denied.
3. Ops No.2 & 3 have replied that services of customer were disconnected in the month of November, 2014. It is pertinent to mention here that the services were barred under the MNP guidelines 2009. As per the intimation received from M/s Reliance Communication, there was an outstanding of Rs.139.19 against the complainant. The complainant was duly informed vide various SMS’s to clear the outstanding of M/s Reliance Communication to enjoy the services of answering ops, but he failed to honor the request and the services were disconnected under the MNP guidelines. The text of the SMS’s sent to the complainant is attached herewith. The answering ops are in no way liable for any harassment etc. The complainant was duly informed about the reason of disconnection. The number in question has gone back to the donor operator i.e. M/s Reliance Communication where after the complainant ceased to be subscriber of answering ops. The number has been disconnected upon the request of the Donor operator against whom the complaint/ remedy lies and same is not made as a party. Remaining contents of complaint have also been denied.
4. The complainant did not lead any evidence and not produced any document on file despite several opportunities including last opportunity and his evidence was closed by order. On the other hand, op no.1 produced his affidavit Ex.RW1/A, certificate Ex.R1. Ops No.2 & 3 produced affidavit of Sh. Tarun Khurana, Assistant Manager Ex.R2, text of SMS Ex.R3 and text of message received from Reliance Communications Ex.R4.
5. We have heard learned counsel for the parties and have gone through the case file carefully.
6. There is nothing on record to prove the version of the complainant. Even the complainant has failed to produce his affidavit in support of his averments. Whereas the ops No.2 & 3 through affidavit Ex.R2 and documents Ex.R3 and Ex.R4 have duly proved their version. Ex.R3 is the text of the message sent to the complainant, the contents of which are as follows “SMS1- 919355694000, Priye upbhokta apke mobile no.9355694000 ke Purane Operator Reliance CDMA ka bakaya Amt. hai Rs.139.19 kripya jald hi purane operator ki bakaya rashi ka bhughtan kare. SMS2- Apne purane operator k bakaya bill ka bhuktan kare & payment slip ke scan copy ko mail kare:prepaidmnp.har@idea.adityabirla.com anytha sevae band ho sakti hai.” Then message (Ex.R4) was received by ops No.2 & 3 from Reliance Communications ltd. whereby they were requested to disconnect the number of complainant for non payment of amount of Rs.139.19/-. The ops No.2 &3 have duly proved their version through above said documents whereas complainant has failed to prove his case.
7. Resultantly, the present complaint is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record after due compliance.
Announced in open Forum. President,
Dated:27.2.2017. District Consumer Disputes
Redressal Forum, Sirsa.
Member.
