By.Smt. Beena. M, Member:-

            This is a complaint filed under section 35 of the Consumer Protection Act 2019.

            2.  Facts of the case in brief: The Complainant had ported sim number 9207166140 to Jio 2 years back.  After porting, there was a network problem.  As the Complainant was abroad, he used to recharge the sim but had not been used the phone.  Even when the Complainant came for leave twice, he was unable to use the internet, when he tried to use the net, he could not get the net and the sim was cut off.  As told by the Opposite Party, the Complainant took a duplicate sim and was told that it would take 4 hours for the activation of the sim.  But even after 8 hours sim activation was not done.  As a result, the Complainant could not use net and call on 25.09.2023 and 26.09.2023.  The Complainant raised the issue several times with customer care, it was informed that two days of net cannot be returned.  After that airtel sim was taken.  As per the intimation that the sim would be blocked, if the sim is not recharged, the Complainant has been recharged again.  Then after the network issue came up again, Jio care was called and a complaint was registered.  Due to the deficiency in service on the part of the Opposite Parties,the Complainant has suffered loss, hardship, agony, and damage. Hence, this complaint.

3. Notice was issued to the Opposite Party and awaited for the appearance of the Opposite Parties, but failed to appear in person or appointed any advocate, then the Commission passed ex-parte order not granting further time.

4.  After filing of the complaint, as per the records of the case, the Complainant never appeared in the Commission for the purpose of proceeding it properly.  Case was called several times, but the Complainant did not appear.  This case is pending for the evidence of the Complainant, but the Complainant has failed to adduce evidence despite last opportunity.  It seems he is not interested to pursue his complaint. Though of intimation was given for appearance, he failed to appear before the Commission for adducing evidence. In support of the allegations of complaint, the Complainant has not produced                                                                                                                                                                                         any evidence.  So, under circumstances, only on the basis of the allegations stated in the complaint, the whole case of the Complainant cannot be believed and no order in favor of the Complainant can be passed to pay compensation or to pay cost of the proceedings.   So, the complaint filed by the Complainant is liable to be dismissed without costs.  Hence we pass the following order.

In the result the Complaint is dismissed without costs.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 19^th day of November 2024.

Date of Filing:-04.12.2023.

PRESIDENT   :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-