Mr.Anoop Sharma, Presiding Member

1.       Sh.Parveen Jain  has brought the instant complaint under the Consumer Protection Act,  on the allegations that in the month of September, 2015 the Opposite Party No.1 claiming themselves to be franchisee of Opposite Party No.2, approached the complainant with an offer in the form of contract of providing unlimited voice, 3G Data, SMS facility on both new and existing mobile numbers. The scheme what is titled as zero plan with 24 months advance rental plan costs Rs.20,850/- inclusive of service tax  and educational cess. The plan further says that in 3G licensed circles, the plan will give unlimited 3G data without FUP (Fair Usage Policy) and accordingly, agreeing to the said offer, terms and condition of the Opposite Party, the complainant decided to port his existing mobile no. 987862918. The complainant made the payment of the said amount to the Opposite Party vide  first receipt number 10687 dated 20^th September 2015 and second receipt Number 10706 dated 28^th September, 201 for Rs.6000/- and Rs.14,800/- respectively. When the plan was activated on mobile no. 987672918, the complainant went to the Opposite Party No.1 and asked for details of plan. Opposite Party informed that the plan details will be available within the first bill and the billing cycle would be from 4 October, 2015 to 24^th  of October, 2015. On the receipt of first bill, the complainant was satisfied that the right plan has been started/ activated by the Opposite Parties Reliance. The details mentioned in the bill dated 25^th October, 2015 are as under: Voice Plan: RGiPhone_new_5S_NDP and Net Connect Plan: 3G_RNCIPHONE5C_O_OP. Said net connect Plan/ Data Plan started from 4^th October, 2015 and it remained continued till the 25^th February, 2016, but to the utter surprise of the complainant plan offered by Opposite Party was altered on their own in the billing cycle of March 2016 bill when it came to the knowledge of the complainant. On receiving of it, the complainant noted that the plan was altered in the bill of March, 2016 and the new plan was mentioned as 3G_IPHONE_5GBD. The complainant on making an enquiry was informed that the Data Plan offered has been capped at 5GB Data and after that the speed will be reduced to 64 Kbps, which is against the offer/ contract entered into between the parties. In this respect, the complainant has been approaching the Opposite Party No.1 regularly but they put off the matter on one pretext or the other and finally, the store owner Opposite Party No.1 on 3^rd march, 2017 categorically decline to consider the genuine and reasonable demand of the complainant and behaved with the complainant in a rude manner and refused to listen  to the genuine request of the complainant. The aforesaid act on part of the Opposite Party amounts to a great negligence, carelessness, deficiency in service and unfair trade practice due to which the complainant has suffered a great mental pain, agony, harassment, inconvenience, tension besides financial loss for which he is entitled to for the compensation of Rs.1 lac beside the costs of proceedings to the tune of Rs.20,000/- and to restore the plan for this mobile connection which was  initially offered by them to the complainant.   

2.       Upon notice, none appeared on behalf of Opposite Party No.1, hence Opposite Party No.1 was proceeded against exparte. But however, initially, Sh.Rupesh Mahindru, Advocate appeared on behalf of Opposite Parties No.2 and 3, but lateron none appeared on behalf of Opposite Parties No.2 and 3 nor file the written version, hence  Opposite Parties No.2 and 3 were also proceeded against exparte.   

3.       Complainant tendered into evidence his affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C12 and closed the exparte evidence on behalf of the complainant.

4.       We have carefully gone through the pleadings of the complainant; arguments advanced by the ld.counsel for the complainant and have appreciated the evidence produced on record by the complainant with the valuable assistance of the ld.counsel for the complainant.

5.       From the record i.e. pleadings of the parties and averments of the complaint and evidence produced on record by the complainant, it stands fully proved on record that in the month of September, 2015 the Opposite Party No.1 claiming themselves to be franchisee of Opposite Party No.2, approached the complainant with an offer in the form of contract of providing unlimited voice, 3G Data, SMS facility on both new and existing mobile numbers. The scheme what is titled as zero plan with 24 months advance rental plan costs Rs.20,850/- inclusive of service tax  and educational cess. The plan further says that in 3G licensed circles, the plan will give unlimited 3G data without FUP (Fair Usage Policy) and accordingly, agreeing to the said offer, terms and condition of the Opposite Party, the complainant decided to port his existing mobile no. 987862918. The complainant made the payment of the said amount to the Opposite Party vide  first receipt number 10687 dated 20^th September 2015 and second receipt Number 10706 dated 28^th September, 201 for Rs.6000/- and Rs.14,800/- respectively. When the plan was activated on mobile no. 987672918, the complainant went to the Opposite Party No.1 and asked for details of plan. Opposite Party informed that the plan details will be available within the first bill and the billing cycle would be from 4 October, 2015 to 24^th  of October, 2015. On the receipt of first bill, the complainant was satisfied that the right plan has been started/ activated by the Opposite Parties Reliance. The details mentioned in the bill dated 25^th October, 2015 are as under: Voice Plan: RGiPhone_new_5S_NDP and Net Connect Plan: 3G_RNCIPHONE5C_O_OP. Said net connect Plan/ Data Plan started from 4^th October, 2015 and it remained continued till the 25^th February, 2016, but to the utter surprise of the complainant plan offered by Opposite Party was altered on their own in the billing cycle of March 2016 bill when it came to the knowledge of the complainant. On receiving of it, the complainant noted that the plan was altered in the bill of March, 2016 and the new plan was mentioned as 3G_IPHONE_5GBD. The complainant on making an enquiry was informed that the Data Plan offered has been capped at 5GB Data and after that the speed will be reduced to 64 Kbps, which is against the offer/ contract entered into between the parties. In this respect, the complainant has been approaching the Opposite Party No.1 regularly but they put off the matter on one pretext or the other and finally, the store owner Opposite Party No.1 on 3^rd march, 2017 categorically decline to consider the genuine and reasonable demand of the complainant and behaved with the complainant in a rude manner and refused to listen  to the genuine request of the complainant. The complainant proved all these averments through his affidavit Ex.CW1/A and also proved on record copies of receipts Ex.C1 to Ex.C3, copies of bills Ex.C4 to Ex.C11, and copy of e-mail Ex.C12.  The evidence produced on record  by the complainant remained unrebutted and unchallenged  as none appeared on behalf of  Opposite Party No.1 and Opposite Parties No.2 and 3 did not dare to defend its case despite sufficient opportunities provided to them nor  dared to file an affidavit to rebut the case of the complainant.

6.       So, from the entire unrebutted evidence produced by the complainant on record, it stands fully proved on record that there is certainly deficiency in service and unfair trade practice on the part of the Opposite Parties. Perusal of the certificate produced on record by Sh.Randhir Sharma, Advocate shows that he has received Rs.11,000/- as counsel fee from the complainant, but on the other hand, none on behalf of  the Opposite Parties has dared to defend its case, hence certainly, the complainant is entitled to reasonable costs on account of litigation. 

7.       Resultantly, all the Opposite Parties are jointly and severally directed to  restore the plan for mobile connection in dispute which was  initially offered by them to the complainant, within 30 days from the date of receipt of copy of this order. All the Opposite Parties  are also jointly and severally  directed to pay Rs.5,000/- to the complainant on account of compensation for causing him mental tension and harassment besides Rs.11,000/- as costs of litigation.   Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room. Announced in Open Forum.