Chandigarh

DF-I

CC/377/2015

Lakhwinder Singh - Complainant(s)

Versus

Idea Cellular Limited - Opp.Party(s)

Rajeev K. Kapila

15 Feb 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/377/2015
Date of Institution	:	16/06/2015
Date of Decision	:	15/02/2016

 

Lakhwinder Singh s/o Prempal Singh r/o H.No.432, Model Town Bathinda, at present r/o H.No.1368, Silvertone Society, Sector 48-B, Chandigarh.

…..Complainant

V E R S U S

1.     Idea Cellular Limited through its Circle Manager, Circle Office C-105, Phase VII, Industrial Area, Mohali, Punjab.

2.     Idea Cellular Limited through its Managing Director, Regd. Office, Suman Tower, Plot No.18, Sector 11, Gandhinagar – 382011.

3.     Idea Cellular Limited through its Branch Manager Cellular Limited, Sector 35, SCO 495-96, 2^nd Floor, Sector 35C, Chandigarh.

……Opposite Parties

 

QUORUM:	MRS.SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

                                       

 

ARGUED BY	:	Ms. Jagjit Grewal, Counsel for complainant
	:	Ms. Rameet Bakshi, Counsel for OPs

PER SURJEET KAUR, PRESIDING MEMBER

1.         Sh. Lakhwinder Singh, complainant has filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against Idea Cellular Limited and others, Opposite Parties (hereinafter called the OPs), alleging that he purchased two new numbers i.e. 8196800001 & 8196900001 from the OPs.  He was issued four idea sim and nano cards and on the very next day, verification was done by the OPs.  However, in spite of completion of formalities and contacting the OPs several times, the mobile phone numbers were not activated by them.  The complainant has averred that when he visited the sector 35 office of the OPs on 22.1.2015, he was assured that either the amount would be returned or his numbers would be activated within 24 hours, but, nothing was done.  According to the complainant, the said numbers were being used by one person at Jalandhar.  The complainant has alleged that due to the act of the OPs, he has suffered financial loss as he had distributed the said numbers to all his known persons including the commission agents as he is an agriculturist by profession. Hence, this complaint.
2.         In their joint written reply, OPs have admitted that the complainant was issued two mobile numbers after paying an amount of Rs.31,000/- for each.  It has been averred that dealing customer care representative had explained to the complainant that the market price of each number was Rs.1,00,000/- each and that the same could be reduced  and the request for waiver approval was only subject to customers getting multiple connections. It has been stated that the complainant had assured that he would be procuring multiple connections and will apply for further connection in 2-3 days.  Thereafter, receipts of Rs.31,000/- for 2 mobile numbers were issued but he was told that the same was subject to fulfilment of assurance from his end. However, when the complainant visited after 2-3 days, he expressed his inability to purchase multiple connections and insisted that the two numbers issued to him must be activated. It has been stated that the complainant was told that the numbers could be activated if he deposited the balance amount of Rs.69,000/- each. The complainant was also told to either take refund of the amount deposited or to take other numbers with a market price of Rs.31,000/- each in lieu of the numbers already issued to him, but, he failed to do so.  It has been contended that the OPs are ready to return the amount of Rs.62,000/-.  Pleading that there is no deficiency in service or unfair trade practice on their part, OPs have prayed for dismissal of the complaint. 
3.         In his rejoinder, the complainant has controverted the stand of the OPs and reiterated his own.
4.         The parties led evidence in support of their contentions.
5.         We have gone through the record and heard the arguments addressed by the learned Counsel for the parties. 
6.         As per the case of the complainant, he paid Rs.62,000/- to the OPs on 1.11.2014 for purchasing two new numbers. He was issued four Idea sim and nano cards and even verification was done by the company at the permanent address of the complainant.  Annexure C-2 is an email dated 20.11.2014 by the complainant to the OPs with a request to activate the aforesaid numbers. Annexure C-3 dated 25.11.2014 is another email with regard to the same issue for activating the connections. The main grouse of the complainant is that till date neither the connections have been activated nor he has been refunded the amount of Rs.62,000/- deposited with the OPs.
7.         The stand taken by the OPs is that the complainant was issued the two mobile numbers after paying an amount of Rs.31,000/- each with a promise that he will get the multiple connections, but, he refused to purchase the multiple connections, therefore, the numbers issued to him could not be activated as he did not fulfil the conditions of the OPs. Even the complainant was offered the refund of the amount deposited and still the OPs are ready to return the amount of Rs.62,000/- to him.
8.         A careful perusal of Ex.OP-1 annexed by the OPs at page 35 shows that it is mentioned that one digit number (00001/00002) under Diamond + category are with the rate of Rs.1,00,000/31,000. But, there is no specific mention in it of the term and condition that the aforesaid connections will be activated only when the customer will be taking multiple connections. Since this plea has been taken by the OPs, therefore, the onus to prove the same was on them, but, they failed to file any cogent and authentic evidence in support of their plea. Moreover, this document is merely a self-serving computer generated document. So far as Ex.OP-2 is concerned, this is in the name of Sh. Upinder Singh showing deposit of Rs.1,50,000/-, but, it also does not have any relevance with the present complaint.
9.         It is an admitted fact that the complainant deposited Rs.62,000/- with the OPs on 1.11.2014; the present complaint was filed on 16.6.2015 and till date they are retaining the amount of the complainant.  Neither the OPs have activated the connections of the complainant nor have they refunded the amount to him.  It is important to note that in para 8 (at page 20) of the written statement it is clearly mentioned that they (OPs) issued these sim cards to some other company. It is not understandable that despite receiving a huge amount of Rs.62,000/- from the complainant and keeping the same in their own possession for a long time, how could the OPs sell the numbers to someone else, which they had already allotted to the complainant, before giving any fruitful result to the grievance of the complainant, either in the form of refund or activation of the connections. The OPs have not placed on record any document/email etc. showing the refund made/offered or that they are issuing the numbers to some other party.  Hence, the OPs are proved to be deficient in service.
10.         In view of the above discussion, the present complaint deserves to succeed and the same is partly allowed.  OPs are directed :-

(i)     To refund the amount of Rs.62,000/- to the complainant.

(ii)    To pay Rs.25,000/- as compensation for mental agony and harassment caused to the complainant;

(iii)   To also pay Rs.10,000/- as costs of litigation to the complainant.

11.         This order be complied with by OPs within one month from the date of receipt of its certified copy, failing which they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of filing of the present complaint till realization, apart from compliance of direction at Sr.No.(iii) above.
12.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
15/02/2016	[Suresh Kumar Sardana]	[Surjeet Kaur]
hg	Member	Presiding Member