West Bengal

Paschim Midnapore

CC/60/2016

Apurba Chakraborty - Complainant(s)

Versus

Manager, Vodafone Stores - Opp.Party(s)

S. Mitra

28 Jun 2016

ORDER

 

 

 

 

                                                           DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                                                                                                                              

Complaint Case No.60/2016

                                                       

                                                                 Sri Apurba Chakraborty……………....….……Complainant.

Versus

 

                                                   Manager, Vodafone Stores, At Jack Paul House, Medinipur Town,...……...Opp.

                                                  Party.

               Order No.5.                                                                                 Dated : 28/06/2016

 

                                 Record is put up before us for  passing order.

                               This is a case u/s-12 of C.P.Act, 1986, filed by the complainant  Apurba                  

               Chakraborty against the Manager, Vodafone Stores, Paschim Medinipur.   

                 Complainant’s case, in brief, is that since the last 10 years, he has been using Vodafone mobile network service connection being no.9732690283.  He is an advocate by profession and for his profession he has to go throughout the India  regularly.  Since the last one year, he has been facing peculiar problem with his said mobile connection.  When he goes to Kolkata, Delhi, Mumbai & Chennai, his mobile connection stopped   functioning  by informing that his number is not registered in network.  Therefore, the complainant made complain before the customer care of Vodafone and also visited  Vodafone Stores of 4 Metropolitan cities but they told that as the mobile number belongs to West Bengal Circle, so they are unable to solve this problem.  Complainant therefore visited the Vodafone stores of the opposite party, situated at Medinipur town on several times and as per their advice, he changed his Sim for four times and also changed his handset but the problem remains the same.   It is stated that for such reason, he is facing various problems and many people including his clients could not make contact with him.  Hence the complaint, praying for directing the opposite party to give proper service connection in his Vodafone no.9732690283 all over India including Kolkata, cost of litigation and an award of compensation of Rs.4,00,000/- for his professional loss.

Contd…………..P/2

 

 

( 2 )

                Opposite party was duly served with notice of this case but he did not appear to contest this case for which  the case was ordered to be heard ex-parte.  Hence the        ex- parte hearing.

                 To prove his case, the complainant has tendered his written examination-in-chief supported by affidavit alongwith few copies of documents.

                 Now let us considered as to whether by the said evidence, the complainant has been able to prove his case or not ?

                 Main allegation of the complainant in this case is that he is using a Vodafone Mobile connection being no.9732690283 since long.  For the last one year, his said Sim is not working whenever he visits metropolitan cities i.e. Kolkata, Delhi, Mumbai & Channai  by informing that his Sim is not registered in network.  Further according to the complainant, he visited the Vodafone stores i.e. opposite party no.1 and as per their advice he changed his Sim four times and also changed his mobile handset but the problem remains the same. Apart from his oral evidence, by tendering a written examination-in-chief supported by affidavit and few copies of documents, complainant produced no cogent evidence like report of a technical expert to show and to prove that his Sim has any defects and that the same is not functioning while he goes to those four metropolitan cities.  Complainant has also not prayed for sending his said Sim to any expert for examination and report.  Without such cogent evidence regarding the alleged defects in the Sim, it cannot be held that the said Sim has any defects.  Moreover, the Vodafone Company has not been made a party in this case although the said company is very much a necessary party in this case   

               In the above facts and circumstances and in view of our above discussions, it is held that the complainant has hopelessly failed to prove his case by adducing cogent evidence.  The petition of complaint is therefore liable to be dismissed.

                                                  Hence, it is,

                                                     Ordered,

                                                       that the complaint case no.60/2016  is  dismissed ex-parte.

            Dictated and Corrected by me

                       Sd/-B. Pramanik.                          Sd/- D. Sengupta.                      Sd/-B. Pramanik. 

                          President                                        Member                                    President

                                                                                                                             District Forum

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