Haryana

Ambala

CC/34/2022

M/S C. Lal Marketing Pvt Ltd. - Complainant(s)

Versus

M/s Reliance Jio Infocomm Ltd - Opp.Party(s)

Jaideep Prashar

02 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	34 of 2022
Date of Institution	:	01.02.2022
Date of decision	:	02.01.2024

 

M/s  C.Lal Marketing Pvt. Ltd. through its authorized signatory Sh.Chaman Lal Gupta son of Sh. Nathu Ram Gupta, 1784-85, Block-5, Near Khera, Ambala City.

……. Complainant

Versus

1. M/s Reliance Jio Infocomm Limited, Through its Authorized Signatory, Reliance Corporate IT Park Ltd., B-93, Phase-8, Industrial Area, SAS Nagar, Mohali PIN 160071 (Pb).
2. M/s Reliance Jio Infocomm Limited, Through its Authorized Signatory, Office 101, Saffron, Nr. Centre Point, Panchwati 5 Rasta, Ambawadi, Ahmedabad - 380006, (GUJ)

….….  Opposite Parties

Before:        Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:-     Shri Jaideep Prashar, Advocate, counsel for the complainant.                                                                                                                            Shri Mohinder Bindal, Advocate, counsel for the OPs.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To make the loss good suffered by complainant, besides mental tension, agony and loss of Goodwill at the hands of OPs by paying a sum of Rs.4,00,000/- to the complainant as compensation alongwith interest @24% p.a.
2. To pay the cost of litigation.

 

2.             Brief facts of the case are that  the complainant is running the business of trading and supply of different products/articles being C&F and stockiest for various companies. The entire business of the complainant is carried through internet/online services mode and for this purpose the complainant is having Reliance Jio lease line connection (ILL) for his office at above mentioned premises, vide connection/Account No. 900370070943. The complainant is paying the ILL Bill regularly without any default to the OPs, claimed/demanded by them from time to time. The complainant received the ILL Bill/Invoice dated  01.10.2021 bearing Bill number 528500062747 for a sum of Rs.29,500.02 to be paid on or before 18-10- 2021. To the utter surprise the JIO land lease connection was disconnected in the morning of 18-10-2021. Whereas, the last date of payment of ILL bill was up to mid night 18-10-2021/19-10-2021. The business transaction/billing could not be affected on account of illegal disconnection of JIO land lease connection. The said lease line connection was disconnected illegally, arbitrarily, wrongly, deliberately and unauthorizedly by OPs, despite having due date for payment i.e 18.10.2021. On 18-10-2021, the complainant had to comply with certain orders within stipulated period, already placed by different customers. This supply of products can only be made after generating online respective bills/invoices. On 18.10.2021 the complainant was to generate bill of different products worth Rs.25,14,129/- for the supply of different products. However, the complainant had made the payment of said bill at 01:30 PM on 18-10- 2021, but the connection was restored only at 07:00 PM. Due to illegal, arbitrarily and wrong disconnection of ILL no business transaction could be carried despite due date of payment, and in this manner the complainant suffered huge loss besides good will in his business region for not supplying the products within stipulated period. No notice or reminder has been given to the complainant before the disconnection of JIO ILL services. The complainant has suffered a huge financial loss besides mental tension, agony and Goodwill at the hands of OPs. Hence, the present complaint.
3.           Upon notice, the OPs appeared and filed written version wherein they raised preliminary objections to the effect that the present complaint is not maintainable;  the present complaint is an effort to harass and humiliate the OPs etc.  On merits, it has been stated that there was no barring/ disconnection done on the 18th October 2021 by the OPs with regard to the non-payment issue which the complainant has baselessly and mischievously alleged. The complainant has not raised any complaint in this regard with the OPs and it is a figment of imagination of the complainant. The area where the complainant is using its lease connection is dense/congested/ highly utilized area and there can be intermittent connection issues especially at peak hours. Disconnection of connection may arise due to geographical and technical constraints also, which are beyond the control of Telecom Service provider and addressing such issues can take considerable time. The grievance if any was resolved instantly and the same was also conveyed to the complainant with regard to its restoration. Rest of the averments of the complainant were denied by OPs and prayed for dismissal of the present complaint with costs.
4.           Learned Counsel for the complainant tendered evidence of the complainant as Annexure CW-1A alongwith documents Annexure C-1 to C-10 and closed the evidence on behalf of the complainant. On the other hand, learned counsel for OPs tendered evidence of Vishal Bhatia son of V.P.Bhatia, Manager and Authorized Signatory of the OPs-Reliance Jio Infocomm Ltd., Ambala City as Annexure OP-A and closed the evidence on behalf of OPs.
5.           We have heard the learned counsel for parties and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by disconnecting the connection in question despite the fact that the bill against the said connection was paid before expiry of the due date, which resulted into loss of the complainant as various online bills could not be generated, the OPs are deficient in providing service.
7.           On the other hand, learned counsel for OPs while reiterating the objections raised in the written version submitted that it was on account of some technical snag that the connection in question did not work for some time on 18.10.2021, yet, the same was made functional on the very same day, as such the complaint is liable to be dismissed. 
8.           The fact regarding issuance of connection in question in favour of the complainant and it did not work on 18.10.2021; and that the complainant never defaulted in making payment of  bill towards the said connection are not in dispute. It may be stated here that the OPs have specifically pleaded that it was on account of some technical snag that the connection in question did not work for some time on 18.10.2021,  yet, they have failed to place any evidence in the shape of report of any technical expert to that effect.  There is nothing on record that the OPs ever informed to the complainant that due to some technical snag, the said connection will not work. Had the OPs informed the complainant about the said technical snag on 18.10.2021, the complainant could have made other necessary arrangements in advance, but the OPs failed to do so. Under these circumstances, it can easily be said that the OPs are deficient in providing service to the complainant.
9.           For the reason recorded above, this complaint is allowed and the OPs are directed to pay lumpsum compensation for deficiency in providing service and cost of litigation to the tune of Rs.5,000/- to the complainant within a period of 45 days from the date of receipt of the certified copy of this order failing which they shall be liable to pay the said amount alongwith interest @8% p.a. from the date of default till realization. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced:- 02.01.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President