Punjab

Ludhiana

CC/18/205

Milan Sood - Complainant(s)

Versus

M/s Aircel Cellular Ltd - Opp.Party(s)

Complainant in person

25 Mar 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

 

Consumer Complaint No. 205 of 26.03.2018

Date of Decision            :   25.03.2021

 

Milan Sood R 132 New Dana Mandi Ludhiana-141008.

….. Complainant

                                                         Versus

                              

M/s Aircel Cellular Limited, :A-44 Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110044.

                                                                              Opposite party

 

             (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.K.K.KAREER, PRESIDENT

MS.JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         None.

For OP                           :         Ex-parte.

 

PER K.K.KAREER, PRESIDENT

 

1.                  Shorn of unnecessary details, the case of the complainant is that he has been using the mobile No.9803307936 issued by the OP. The account of the complainant has been prepaid one and the balance of the complainant at the time of filing of the complainant was Rs.1800/-. It is further alleged in the complaint that from the month of January 2018, the complainant was not able to make calls on any Idea numbers. In this regard, the complainant lodged complaints with the OP and they replied that there was some temporary issue with regard to the Idea numbers. However, from 13.03.2018, the company stopped incoming and outgoing calls in respect of the mobile number of the complainant and also did not refund the balance amount. The complainant lodged a complaint through email, which the OP marked as resolved but the issue was not resolved. The complainant lodged complaint with the Department of Telecommunication as well as with the National Consumer Helpline but despite that the grievance of the complainant was not redressed. In the end, it has been requested that the OP be directed to make refund the balance amount of Rs.1800/- and be also directed to pay compensation for harassment as the complainant was not able to call any of the Idea numbers. It has also been requested that the complainant may be permitted to port his number as well.

2.                Upon notice, the OP did not turn up despite service and was proceeded against ex-parte.

3.                In the exparte evidence, the complainant submitted his affidavit Ex.CA along with documents Ex.C1 to Ex.C9.  

4.                None has been appearing on behalf of the complainant in this case since 04.02.2020, therefore, we are proceeding to decide this complaint on merits after going through the records very carefully.

5.                The allegations made in the complaint and affidavit Ex.CA has gone unrebutted on the file as the OP did not appear in the court despite service and was proceeded against exparte. From the allegations made in the complaint and affidavit Ex.CA furnished in support there to, it stands established that the complainant was not able to make the calls on Idea numbers w.e.f. January 2018. The complainant lodged several complaints which were not resolved. The factum of the complainant not able to call on Idea numbers has been acknowledged by the OP in their messages sent to the complainant in response to his complaints. In the message Ex.C8 it has been admitted by the OP that there was some technical issue on the location of the complainant which will take some time for rectification. Therefore, the deficiency of service on the part of the OP has been proved to the hilt as despite the poor services, the OP has also not refunded the outstanding balance of Rs.1800/- demanded by the complainant.

6.             Resultantly, the complaint is allowed exparte with an order that the OP will refund the amount of Rs.1800/- along with interest @8% per annum from the date of filing of the complaint till the date of actual payment. The complainant is further held entitled consolidated amount of Rs.5000/- on account of compensation and litigation costs. The compliance of order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

7.                File be indexed and consigned to record room.    

8.                Due to rush of work and spread of COVID-19, the case could not be decided within the statutory period.

 

                     (Jyotsna Thatai)                                     (K.K.Kareer)

              Member                                        President

Announced in Open Commission

Dated:25.03.2021

Gurpreet Sharma.