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Ashish Bharani filed a consumer case on 16 Apr 2019 against M/s Reliance Communications Ltd & Anr. in the New Delhi Consumer Court. The case no is CC/316/2017 and the judgment uploaded on 26 Apr 2019.
CONSUMER DISPUTES REDRESSAL FORUM-VI (DISTT. NEW DELHI),
‘M’ BLOCK, 1STFLOOR, VIKAS BHAWAN,
I.P.ESTATE, NEW DELHI-110002.
Case No.CC.316/2017 Dated:
In the matter of:
Sh. Ashish Bharani,
S/o Sh. R.K. Bharani
16. Vardan Apartments,
64, I.P. Extension,
New Delhi-110092 ……..COMPLAINANT
VERSUS
Reliance Communications Ltd.
1st Floor, Corporate Office,
Maharaja Ranjeet Singh Marg,
Barakhamba Road, Delhi-110001
ARUN KUMAR ARYA-PRESIDENT
ORDER
The gist of the complaint is that the complainant obtained post paid SIM of the OP with mobile no. 9312456783 under the plan with the billing cycle for 09th of the previous month to 8th of the next month. The plan JALSAUNLTD_799 conveys that complainant agreed to pay Rs. 799/- plus taxes for unlimited calls during the billing cycle. The OP disconnected the mobile connectivity abruptly on 22/05/2017 despite that the complainant had paid all the outstanding bills.
On inquiry, it was informed that there were some outstanding dues of some other mobile number which were pending since 2012, and therefore, the connectivity has been stopped.
The OP was noticed but none appeared and, therefore, the OP was proceeded with Ex-parte on 05/04/2018.
The complainant filed ex-parte evidence and written arguments. Oral arguments were also addressed on behalf of complainant. It is alleged that the OP caused mental torture and disrepute to the complainant by making calls and using foul and unparliamentarily languages with sexual contents against the complainant beside disconnecting the connectivity of the mobile number.
We have considered the material placed before us and the submissions made on behalf of complainant with relevant provisions of law.
The complainant has place on record relevant documents i.e. bills and its payments made and the averments of the complainant have remained unrebuted as to the OP was proceeded with ex-parte on 05/04/2018 and there is no reason to disbelieve.
In view of above discussion, we hold that disconnecting the mobile services on the pretext of some unpaid outstanding dues not relating to the mobile no. of the complainant, is gross deficiency in service on its part. The Forum hold the OP to be deficient in service, we direct as under:-
The OP shall comply the orders within 30 days of the receipt of this order. If the said amount is not paid by the OP within a period of 30 days from the date of receipt of this order, simple interest at the rate of 10% per annum shall be payable by OP on the awarded amount i.e. Rs. 7000/- from the date of this order till realization.
A copy each of this order each be sent to the parties free of cost by post as per statutory requirement.
Orders be also sent to www.confonet.nic.in.
File be consigned to record room.
Pronounced in open Forum on 16/04/2019.
(ARUN KUMAR ARYA)
PRESIDENT
(NIPUR CHANDNA) (H M VYAS)
MEMBER MEMBER
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