Chandigarh

DF-I

CC/774/2014

Bikramjit Singh - Complainant(s)

Versus

Idea Cellular - Opp.Party(s)

Vikram Preet Arora

13 Nov 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/ 774 /2014
Date  of  Institution	:	26 /11 /2014
Date   of   Decision	:	13/11/2015

 

 

 

 

 

Bikramjit Singh S/o S. Ajit Singh r/o House No.1207, Sector 21-B, Chandigarh.

….Complainant

Vs.

 

Idea Cellular through its Regional Manager, SCO No. 495-496, Second floor, Sector 35-C, Chandigarh.

 

…… Opposite Party 

 

BEFORE:     SH. P.L. AHUJA                                       PRESIDENT

                   MRS.SURJEET KAUR                                  MEMBER

                  

 

 

For Complainant	:	None for the complainant
For Opposite Party	:	Sh. Amit Gupta, Advocate

 

 

PER SURJEET KAUR, MEMBER

 

 

 

                The facts, in brief, are that the complainant who is a actor and model by profession purchased prepaid sim having Mobile No.919781517457 from the Opposite Party and has been using the same for the last five years. The complainant distributed the said number to his clients, producers and directors etc. from where he is getting his call for booking of his shows, roles etc.  It has been alleged that the complainant started receiving calls from unknown persons with whom he has no concern or connection at all. He made complaint regarding the same with the Opposite Party but to no effect. Even the complainant faced many problems while recharging his mobile connection.  It has further been alleged that in the month of October 2014 some of the persons who wanted to book the show of the complainant told him that his number was picked by some labour who abused them. The complainant took up the matter with the Opposite Party but to no avail. Thereafter the complainant inquired all the matter himself and he came to know that the Opposite Party has issued the same number to someone else. Due to this act of the Opposite Party the complainant had lost two Punjabi movies as the producers alleged that he abused them on mobile phone though he had not talked with them. It has further been alleged that due to the double allotment of the same mobile number the complainant is not only suffering monetary loss but also losing his reputation. Alleging that the aforesaid acts amounted to deficiency in service and unfair trade practice on the part of the opposite Party, the complainant has filed the instant complaint.

2. Notice of the complaint was sent to Opposite Party, seeking its version of the case.
3. The OP filed its written statement stating therein that the complainant failed to disclose any cause of action against the Opposite Party. It has been denied that the number of the complainant is allotted to some other person as the same is not possible for any telecom operator to activate one mobile connection on two different Sim cards. It has been asserted that actually call divert facility was activated on the handset of the complainant to which the Opposite Party has no role. The complainant himself must have opted for the same.  On 24.2.2015 the complainant was telephonically informed about de-activation of the call divert feature from his IP-phone handset as he was clueless about the procedure and he himself admitted that there was some call divert activated from his handset and he was unable to deactivate the same. The entire conversation/recording of the complainant with the customer care Executive through call centre helpline of the Opposite Party is Annexure R-2.  Application Form (Annexure R-3) reveals that the connection in question is running only in the name of the complainant It has further been stated that snap shot and call details showing call forwarding/divert on the particular number and the snap shot regarding information for canceling call divert/forwarding to the complainant are annexed as Annexures R-4(colly) and R-5 respectively. The remaining allegations were denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made .

         

4.      Parties were permitted to place their respective evidence on record, in support of their contentions.

 

5.      We have heard the learned counsel for the Opposite Party  and have perused the record, along with the written arguments filed on behalf of Opposite Party.
6.      After careful perusal of the documents on record, we are of the opinion that the complainant has failed to prove any cause of action relating to deficiency in service. It has been explained by the Opposite Party that it is not possible for any  tele-operator to activate one mobile connection on two different sim cards. It has also been contended that call diverting is purely a handset feature and Opposite Party does not have any role to play in activation/deactivation of the said facility. A perusal of Annexure R-2 also makes it clear that the complainant was totally unaware of the call diverting feature of his handset. Therefore, in the absence of any concrete proof/evidence, Opposite Party cannot be held liable for no specific fault on its part. The contention of the Opposite Party has not been rebutted by the complainant at any stage. Rather Rejoinder/written arguments  of the complainant was not filed, even after getting various opportunities for the same on 28^th May, 29^th June, and 23 July, 2015 respectively. Thereafter none appeared since 23^rd July till 29^th October on behalf of the complainant during the proceedings of the present case.
7. Keeping in view, the above facts, we feel that the complainant could not prove his case against Opposite Party. Therefore,  the complaint filed by him is liable to be dismissed.
8. For the reasons recorded above, we do not find any merit in the complaint and the same deserves to be dismissed. Accordingly complaint is dismissed, with no order as to costs.

 

 

9.The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

 

 

Announced

13^th  November, 2015                                                

Sd/-

(P.L. AHUJA)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER