BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 692 of 2010 | Date of Institution | : | 15.11.2010 | Date of Decision | : | 28.04.2011 |
Tarun Kumar son of Sh.Girish Kumar r/o House No.2263, Mariwala Town, Manimajra, UT, Chandigarh. ….…Complainant V E R S U S 1. Idea India Mobile Ltd., Suman Tower, Plot No.18, Sector 11, Gandhi Nagar, Gujrat (Regd. Off.). 2. Idea India Mobile Ltd., Plot No.105, Industrial Area, Ph-VII, Mohali. ..…Opposite Parties CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by:None for the complainant Sh.Sukaam Gupta, Proxy counsel for Sh.Vishal Gupta, Adv. for OPs PER P.D.GOEL, PRESIDENT The complainant namely Sh.Tarun Kumar has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. In short, the facts of the case are that the complainant is a subscriber of mobile No.9814517335. It is the case of the complainant that he is receiving messages from the OPs which are otherwise obscene in nature but one of the messages received by the complainant is reproduced as under:- “HI AAJ MEIN GHAR MEIN AKELI HOON AUR BAHUT BOR HO RAHI HOON, TUM MUJHE CALL KARO NA PLEASE DIAL 009609710588” It is the allegation of the complainant that the said messages disturbs/spoils the mind of youngsters. The complainant made request to the OPs not to send such like messages as his family life gets disturbed but all in vain, hence this complaint. 2. OPs filed their joint written statement and specifically denied the averments made in the complaint. Pleading that the complaint is not maintainable before this Forum, a prayer for dismissal of the complaint has been made. 3. None is present on behalf of the complainant. Hence, we decided to dispose of the complaint even in the absence of the complaint. We have heard Sh.Sukaam Gupta, Proxy Counsel for the OPs and perused the record very carefully. 4. In view of the law laid down in the case of Prakash Verma Vs. IDEA Cellular Ltd. and Another decided on 01.10.2010 by the Hon’ble Supreme Court in Petition(s) for Special Leave to Appeal (Civil) No(s).24577/2010, neither the complaint is maintainable nor this Forum has jurisdiction to try the present lis. Hence, this complaint is dismissed with no order as to costs. 5. The certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 28.04.2011 | [ Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
