DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> C.C. No. 136 of 19-06-2009 Decided on : 22-09-2009<br /> <br /> Pankaj Bansal aged about 27 years S/o Sh. Sham Lal Bansal R/o 1st Lane, Maharaja Aggarsen Nagar, Amrik Singh Road, Bathinda.<br /> <br /> .... Complainant<br /> Versus<br /> <br /> 1.M/s. Vodafone Essar South Limited, C-131, Industrial Area, Phase-VIII, Mohali 160 071.<br /> 2. M/s. Vodafone Essar South Limited, The Mall, Bathinda through its Manager. <br /> ..... Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection Act, 1986<br /> <br /> QUORUM:-<br /> Sh. George, President <br /> Sh. Amarjeet Paul, Member<br /> <br /> For the complainant : Sh. Vikas Kumar, counsel for the complainant<br /> For the opposite parties : Exparte. <br /> <br /> O R D E R.<br /> <br /> GEORGE, PRESIDENT<br /> <br /> 1. The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as 'Act') against the opposite parties with the allegation that he subscribed to the mobile telephone services provided by the opposite parties and was having pre-paid mobile connection bearing No. 98881-27319 for the last seven years. In the month of May, 2009, he received a call from executive of the opposite parties namely Ms. Piya from phone No. 98888-11735 and she detailed him about post-paid plan. He was not ready to change his pre-paid connection into post-paid connection but as he was convinced for better service by Ms. Piya, he was agreed to convert his pre-paid connection into post-paid one. On 22-05-09, one Mr. Parkash representative of the opposite parties from Bathinda, visited him and obtained all the requisite documents and also an amount of Rs. 250/- as security deposit for converting the mobile connection into post paid mobile connection. Sh. Parkash also handed over to him a SIM card bearing No. 89918810000000653254 and also assured him that in case of any inconvenience, he may contact him. Sh. Parkash also issued receipt in token of receiving the security amount of Rs. 250/- from him. He was assured that within 48 hours his pre-paid connection will be converted into post-paid connection. However, his connection was not converted. Sh. Parkash again visited him on 29-05-09 and obtained fresh documents but the plan of his mobile connection was not changed. On 10-06-09, he received a call from number 99888-27943 of Ms. Piya and she again started explaining to him for converting his pre-paid plan into post-paid plan. He told her that on her asking, he has already applied for converting his pre-paid plan into post-paid plan but despite the fact that he has paid the security amount and was issued a SIM card by a representative of the opposite parties, plan of his connection has not been changed. He again tried to contract Ms. Piya on the same telephone number to enquire as to why his plan has not been changed but a lady executive who attended the phone told him that there is no Ms. Piya in the company and if he will ring up again, she will lodge a complaint against him for teasing her. He also made efforts to contract Mr. Parkash on his given number, but he did not receive any proper response. He paid the security amount of Rs. 250/- on 22-05-09 against a receipt issued by Mr. Parkash, a representative of the opposite parties, but his pre-paid connection was not changed into post-paid connection till the date of filing of this complaint i.e. 19-06-2009, which has caused him lot of harassment, botheration and mental agony and he had to file the forced litigation against the opposite parties for their deficiency in service and their attitude towards the customer service.<br /> 2. Both the opposite parties were served properly in person as well as through RAD but none of them appeared on the date fixed and therefore, both were proceeded against exparte.<br /> 3. The complainant led exparte evidence. He filed his own affidavit Ex. C-1 and brought on record photocopy of receipt of Rs. 250/- issued by Sh. Parkash Ex. C-2 and SIM Card No. 89918810000000653854 Ex. C-3.<br /> 4. We have heard the learned counsel counsel for the complainant and have gone through the entire record of the case.<br /> 5. The complainant has deposed all the facts he has narrated in his complaint, in his affidavit Ex. C-1. The facts narrated by the complainant are fully corroborated from the facts as are emerging from receipt Ex. C-2 and SIM Card Ex. C-3. It is proved on the record that complainant paid an amount of Rs. 250/- to Sh. Parkash, a representative of the opposite parties as security deposit on 22-05-2009 for conversion of his pre-paid connection into post-post connection. Sh. Parkash representative/field officer of the opposite parties not only collected cash amount of Rs. 250/- as security for change of the connection, from the complainant, but also issued a new SIM card referred to above. Despite receiving the required documents twice from the complainant, the opposite parties failed to convert his pre-paid connection into post-paid connection. Moreover, despite due service through RAD as well as in person, none of the opposite parties preferred to appear and contest the allegations.<br /> 6. Taking into consideration the facts proved by the complainant as per affidavit Ex. C-1, receipt Ex. C-2 and SIM card Ex. C-3, we are of the considered view that complainant has succeeded in proving that the opposite parties despite receiving the consideration amount of Rs. 250/- in the form of security on 22-05-2009 through their representative Sh. Parkash did not convert pre-paid connection of the complainant into post-paid connection and when he tried to contact the opposite parties to know the reasons for not converting his pre-paid connection into post-paid connection within specified time, he was threatened which not only amounts to derogatory but also unfair trade practice as well as deficiency in service on the part of the opposite parties.<br /> 7. In the result, the complaint is accepted. The opposite parties are directed to covert pre-paid mobile connection of the complainant into post-paid connection within 7 days from the date of receipt of copy of this order. The opposite parties are also directed to pay to the complainant an amount of Rs. 10,000/- being compensation for mental tension, harassment and inconvenience besides litigation expenses to the tune of Rs. 3,000/- within a period of 45 days from the date of receipt of copy of this order.<br /> The copy of this order be sent to the parties concerned free of costs and the file be indexed and consi gned. <br /> Pronounced : <br /> 22-09-2009 <br /> <br /> (George)<br /> President<br /> <br /> <br /> <br /> (Amarjeet Paul)<br /> Member <br />