Karnataka

Kolar

CC/148/2023

ALEX M - Complainant(s)

Versus

JIO CARE - Opp.Party(s)

16 Feb 2024

ORDER

Date of Filing: 11/12/2023

Date of Order: 16/02/2024

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, OLD D.C. OFFICE PREMISES, KOLAR – 563 101.

Dated: 16^thDAY OF FEBRUARY 2024

SRI. SYED ANSER KALEEM, B.Sc., B.Ed., LL.B., …… PRESIDENT

SMT. SAVITHA AIRANI, B.A.L., LL.M., …..LADY MEMBER

CONSUMER COMPLAINT NO:148/2023

Sri. Alex.M

S/o. Muniswamy,

R/at: MadhushreeNilaya,

Jayanagar 8^th Cross,

KolarTaluk,

Kolar District.

(In-Person)….  Complainant.

- V/s -

JIO,

“9” WalchandHirachandMarg,

Indira Docks,

Ballard Estate,

Mumbai,

Maharashtra-400001.

(Ex-parte)..…. Opposite Party.

-: ORDER:-

BY SMT.SAVITHA AIRANI, LADY MEMBER.,

1. The complainant has filed this complaint U/s 35 of the Consumer Protection Act 2019 against the OP alleging deficiency in service and prays to direct the Ops to pay the amount of Rs.1,00,000/-ascompensation for suffering and humiliation and such other reliefs in the interest of justice and equity.

2. Brief Facts of the case is that, the complainant had recharged his mobile number 7904859536 with UAE International Roaming Pack for Rs.1,102/- from Op Company (i.e. JIO) on 23^rd September 2023.Complainant further stated that, he landed in Dubai on 24^th September 2023, then he was neither able to make calls nor able to receive calls despite of recharging with International Roaming Pack from the Op company.  Further complainant submits that, when he dialed any number and the call get disconnected (call ended) and the charges for the call got deducted.  For that reason complainant seek for help from the general public in Dubai to make calls.

3. Further stated that, the complainant afterreturn to India, and he called JIO customer care and made a complaint about the above said problem.  The customer care executive(i.e. JIO OPCompany) informed him that he could help him after billing cycle over by him.  The OPCompany executive informed to the complainant he could do maximum to refund the amount but the complainant asked for the compensation to an extent of Rs.1,00,000/- then the complainant call was disconnected.

4. Further stated that, the complainant made a complaint through e-mail to st October 2023, and the complainant received a reply e-mail on International roaming activation, and system setting which was irrelevant to the complaint email.

5. Further stated that, the complainant on 14^th October 2023 once again made a call to JIO customer care and escalated the problem with the senior customer care executive, and he apologized and informed that, the OPCompany neither initiate the refund nor provide any compensation.  After that, the complainant again wrote an escalation email to

6. On issuance of notice to OP Company through RPAD and despite service of notice OPremained absent and hence OP placed an Exparte.

7. In order to prove the case, the complainant has field his affidavit evidence. Heard oral arguments of the complainant.

8. On the basis of the pleadings of the complainant and the evidence placed on record, the following points will do arise for our consideration:-

1. Whether the complainant has proved deficiency in service on the part of the Op?
2. Whether the complainant is entitled for the relief as sought is the complaint?
3. What order?

Heard the arguments of the complainant and perused the evidence placed on record.

Our answers to the above points are as under:-

         POINT No.(1)& (2):-   In the affirmative.

               POINT No. (3):-   As per the final order

                                          for the following:-

9. POINT No. (1) & (2):-On perusing the pleadings of the complainant, these two points are interlinked to each other and for the sake of brevity and for convenience we have taken up together these points for discussion.

10. Perused the complaint along with affidavit evidence placed on record.  It is the specific case of the complainant is that, the complainant had recharged his mobile number 7904859536 with UAE International Roaming Pack for Rs.1,102/- on 23^rd September 2023 from the OPCompany(i.e. JIO). When the complainant was landed in Dubai on 24^th September 2023, then the complainant was unable to make calls as well as to receive calls from his UAE International Roaming activated JIO SIM, despite of rechargedwith International Roaming Packbut when the complainant tried to call from his mobilebut call got disconnected and charges of call were deducted. The complainant suffered a lot from the negligence act of the Op Company in an unknown place.

11. The complainant after return back to India and he called the JIO customer careOP Company(i.eJIO). The OPCompany executive assured the complainant to refund the amount of Rs.1,102/-, when the complainant asked for compensation,the OPCompany senior executive informed that,he neither initiate to refund the recharge amount i.e Rs.1,102/- to the complainant nor provide any compensation to the complainant.

12. Furthermore, in spite of several requests made by the complainant through the phone calls and emails the OPCompany did not bothered to sought out the problem to its customer.  It clearly amounts to deficient in their service.

13. It is worth to note that, despite service of notice, for the reasons best known to the OP Company, they were failed to appear before this commission to answer the claim of the complainant and thereon the OPis placed Ex-parte. Under these circumstances we proceed with the matter on the basis of the available evidence on record.  Further nonanswering the claim of the complainant leads to draw inference that the OP Company intends to escape from the liability.

14. On perusal of the affidavit evidence along with documents placed on record, it is evident from the documents i.e. document No.(1) Tax Invoice Order Ref.No. BR0009XXGKT5 on 22^nd September 2023 for a sum of Rs.1,102/- the complainant recharged his mobile for International Roaming Pack from the OPCompany.

15. The documents produced by the complainant follows:
    1. International Roaming pack activated    23/09/2023
    2. Reached Dubai                                      24/09/2023
    3. Returned India from Dubai                    30/09/2023
    4. Complainant call registered                   01/10/2023
    5. Complainant mail sent to JIO care         01/10/2023      
    6. Reply email to JIO care                          14/10/2023
    7. Reply email to JIO care                          30/10/2023
    8. Reply email from JIO case       01/10/2023 to till date  

16. On perusal of the e-mail conversations between the complainant and OPCompany it reveals that, the complainant went to Dubai with his old aged parents and he needed to book a hotel through onlinebut due to inconvenience service from the JIO SIM with activated International Roaming pack he was unable to connect service provider or to call anybody and also to customer care service also and for this inconvenience service and negligence act from the JIO finally the complainant got suffered a lot during his trip to Dubai.

17. The complainant go to trip with his old age parents and the complainant was totally stucked with his parents in other country and he was also unable to make calls and also his hotel booking got problem because the complainant was not able to connect with his trip customer case also. From the negligence act of the OPCompany complainant not enjoyed the trip,but complainant obviously suffered in his trip.   Hence complainant is entitled for compensation. 

18. The Op Company did not gave a proper service to the complainant that even the complainant had recharged his mobile with UAE International Roaming Package. Hence complainant issuffered a lot from the negligent act of the OPCompany.

19. Above all, the evidence placed on record we found that, the complainant being the customer of the OPCompany and the OP failed to give proper service to its customer and on the basis of available record, we cannot disbelieve the allegations made by the complainant to the OP Company. Furthermore, in spite of several requests made by the complainant through the phone calls and emails the OPCompany did not bothered to soughtout the problem to its customer.  It clearly amounts to deficient in their service.  On the above said grounds, we reached to conclusion that, the complainant has proved the deficiency in service on the part of the OPCompany.

20. Under these circumstances we deem it just and proper to direct the OP to refund the amount of Rs.1,102/-.  However due to negligence act of OP Company lead to filing of this complaint and hence complainant is entitled for Rs.2,000/-towards cost of proceedings. The complainant had suffered mental agony and for which entitled for Rs.10,000/- towards compensation.  Accordingly we answered the Point No.(1) & (2) in the affirmative.

21. Point No. (3):- On the basis of discussion and reasons assigned while answering Point No.(1)&(2) and thereon we proceed to pass the following order:

6698606. 1. The complaint is hereby allowed with cost.
         2. Further the OP Company i.e., JIO is hereby directed to refund the recharged amount of Rs.1,102/- (UAE International Roaming Pack), along with compensation of Rs.10,000/-.
         3. Further the OP Company is directed to pay Rs.2,000/- towards cost of proceedings.
         4. Further OP Company is directed to comply the directions given in the Sl.No.(2) & (3) within 30 days from the date of order and submit the compliance report within 45 days.
         5. Send a copy of this order to all the parties to the proceedings at free of cost.

        (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 16^th DAY OF FEBRUARY 2024)

     MEMBER                                PRESIDENT