Delhi

North East

CC/157/2017

Zakir Hussain - Complainant(s)

Versus

Mr. Deepak ,Reliance Mobile Store,Galaxy Enterprises - Opp.Party(s)

11 Oct 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 157/17

 

In the matter of:

 

	Zakir Hussain S/o S.B. Khan R/o H.No. E-184 E, Block Jagjeet Nagar New Usmanpur Delhi-53.	Complainant
	Versus
1.         2.	Mr. Deepak Reliance Mobile Store (RMS) Galaxy Enterprises, C-4/8, Yamuna Vihar, Delhi-53.   Reliance Communication Ltd H. Block, 1st Floor, Dhiru Bhai Ambani City, Navi Mumbai-400710, Maharashtra India	Opposite Parties

 

DATE OF INSTITUTION:       JUDGMENT RESERVED ON:              DATE OF DECISION      :

05.05.2017 09.10.2018 11.10.2018

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

Order passed by Ms. Sonica Mehrotra, Member:-

 

ORDER

1. Brief facts, of the complainant is that, he is an old customer of OP2 service provider by virtue of having its GSM prepaid mobile no. 9312010486 for the last 13 years which he used to get recharged from time to time. Complainant has stated that he used to receive messages from the OP2 to submit I.D. Proof and one photograph and received a message (time and date not specified) in which he was asked by OP2 to submit I.D. Proof which he submitted with OP1 i.e. Reliance Mobile Store (RMS), Galaxy Enterprises, C-4/8, Yamuna Vihar, Delhi. However, on 10.04.2017 OP2 barred his outgoing incoming on the said mobile number without giving any reason or prior notice even though his was a prepaid and not postpaid mobile number. Thereafter complainant visited OP1 where attendant told him that his mobile number could not be restored because he did not submit I.D. proof whereas he had already submitted the same and OP1 attendant again demanded I.D. Proof and the complainant again submitted the same but the OP1 attendants compelled the complainant to get the same mobile number on postpaid terms which the complainant did not agree to and wanted restoration of the said number on prepaid terms only to which the OP1 was reluctant to agree. Therefore complainant was constrained to file the present complaint before this forum praying for directions to the OPs for recovery of his mobile number i.e. 9312010486 and payment of Rs. 5Lacs as compensation. Owing to irreparable loss of his business due to non functional mobile.

         Complainant has annexed legal notice dated 15.04.2017 alongwith postal receipts.

2. Notice was issued to OPs on 16.05.2017 but all the OPs failed to appear despite service effected on 23.05.2017 and 24.05.2017 respectively and were therefore proceeded against ex-parte vide order dated 20.07.2017.
3. Complainant filed his ex-parte evidence by way of affidavit and written arguments on 17.10.2017 and 27.04.2017 respectively.
4. We have heard the arguments addressed by the complainant and have perused the documentary evidence placed on record.

Specific query was put to the complainant by this Forum during the course of oral arguments regarding absence of documentary evidence to prove the usage of the GSM prepaid mobile number in question for last 13 years and when the complainant had submitted his I.D. Proof to OP1 or any proof of receiving thereof placed on record to which the complainant admitted that he had no documentary evidence in his possession in support of his averments made in the complaint.

5. We are of the considered opinion that due to lack of substantial documentary proof / evidence to prove the usage of the mobile number in question and submission of requisite documents in terms of ID proof, photographs etc, the complaint cannot entertained against the OPs and appears to be a frivolous one. It is therefore dismissed as devoid of merits with no order as to costs.   
6.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
7.   File be consigned to record room.
8.   Announced on 11.10.2018 

 

(N.K. Sharma)      President

(Sonica Mehrotra)  Member