BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no.180 of 2017
Date of Institution : 21.7.2017
Date of decision : 3.10.2017
Vikki Kumar aged about 25 years son of Rameshwar Lal, resident of near Government Middle School, Ward No.22, Gaushala Mohalla, Sirsa, Tehsil & District Sirsa.
……Complainant.
Versus.
Idea Office, Gandhi Market, Near Parshu Ram Chowk, Sirsa, District Sirsa.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………..PRESIDENT.
SMT. RAJNI GOYAT …………… MEMBER
Present: Complainant in person.
Opposite party exparte.
ORDER
The case of complainant in brief is that complainant had obtained a postpaid connection of mobile No.97286-22088 of idea company and he was using the same for the last so many years and had been paying the bills regularly. That complainant intends to get the above said connection from postpaid to pre-paid, so he visited the office of the aforesaid company about seven months ago and they obtained ID of the complainant. In response to his request for pre-paid connection reply was given that “Your request for postpaid to prepaid migration for mobile No.97286-22088 could not be processed” the copy of which is enclosed and they are sending the bill of postpaid to the complainant every month. It is further averred that complainant is making rounds to the office of opposite party for the last seven eight months for getting his connection prepaid but earlier the opposite party postponed the matter on one pretext or the other and now about two days back the office of the company refused to do his connection pre-paid whereas as per rules the complainant can get his connection prepaid and can also get ported his above said number from other company. It is further averred that when complainant get ported his above said number from airtel company then the opposite party cancelled his above said mobile number and closed the same. The complainant is a driver by profession and due to the act and conduct of the opposite party the complainant is facing hardships and harassment. Hence, this complaint.
2. On notice, none appeared on behalf of opposite party and as such opposite party was proceeded against exparte.
3. The complainant produced his affidavit Ex.C1 and printed copies of messages Ex.C2 to Ex.C8.
4. We have heard the complainant and have perused the case file carefully.
5. The complainant has placed on file his affidavit Ex.C1 wherein he has reiterated all the contents mentioned in the complaint. His version is duly supported through printed copies of messages sent on his mobile placed on file as Ex.C2 to Ex.C8. The perusal of these printed messages reveal that opposite party were sending the bills for postpaid connection to the complainant despite his request for pre-paid connection. There is no rebuttal to the pleadings and evidence of the complainant as the opposite party has failed to appear before this forum despite notice and opted to proceed exparte. So the complainant has proved his case. Not doing the connection of the complainant prepaid from postpaid despite request of the complainant and then cancelling the above said mobile number of the complainant is certainly deficiency in service on the part of the opposite party towards the complainant.
6. In view of the above, we allow the present complaint and direct the opposite party to restore the above said mobile number of the complainant and to convert it from postpaid to prepaid within a period of 15 days from the date of receipt of copy of this order. The opposite party is further directed to allow the complainant to get the above said number ported of other company, if he so desires. We also direct the opposite party to pay a sum of Rs.2000/- as compensation for harassment and litigation expenses. 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:3.10.2017. Member District Consumer Disputes
Redressal Forum, Sirsa.
