Delhi

North East

CC/325/2014

Naseem Ahmed - Complainant(s)

Versus

MTS Store - Opp.Party(s)

24 Oct 2019

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 325/14

 

In the matter of:

 

		Shri Naseem Ahmed S/o Shri Nafees Ahmed R/o V-692, Street no. 23-A Vijay Park, Maujpur Delhi-110053		Complainant
		Versus
	1         2       3	MTS Store A-31/ 103-D, Road NO. 68, Near Seth Bhagwan Dass School Maujpur, Delhi-110053   Sistema Shyam Tele Services Limited A-194, Phase-I, Okhla Industrial Area Delhi-110020   Sistema Shyam Tele Services Limited MTS Tower 334 Udyog Vihar, Phase IV Haryana, Gurgaon-122001,		Opposite Parties
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:               DATE OF DECISION      :		25.08.2014 24.10.2019 24.10.2019

 

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

 

 Order passed by Ms. Sonica Mehrotra, Member

 

ORDER

1. The complaint pertains to the grievance of complainant of non activation of his ported mobile no. 9310375547 from Reliance CDMA to OP2 and OP3 service provider despite the said number having been ported on 27.06.2014 and several follow ups and emails in this regard already made by the complainant for deactivated mobile number with OP2 and OP3. Therefore the present complaint filed to activate the said mobile number.
2. It is settled law that the question in which law point is involved can be decided at any stage of the proceedings of the case as was observed by Hon'ble National Commission in Koshy Varghese Vs HDFC Bank Ltd III (2017) CPJ 52 (NC). Therefore, without going into the merits of the case, we shall adjudicate the admissibility / non-admissibility of the present complaint. The Hon'ble Supreme Court in Hewlett Packard India Ltd. Vs Shri Ramachandar Gehlot in CA no. 7107/ 2003 decided on 16.02.2004 also held that issue of maintainability has to be decided before having the matter on merits. The Reliance Communication acquired OP2 and OP3 in 2016 earlier operating as MTS India in an all-stock deal and OP2 & OP3 received 10% stake in Reliance Communication after repaying its existing debt. Reliance acquired OP2 & OP3 India’s subscriber as well. The CCI and SEBI also approved and cleared the said merger in Feb-March 2016 as well as the said merger was approved by tax authority and shareholder of Reliance by August 2016 and got approval of Rajasthan High Court and Bombay High Court between August-October 2016. The DoT gave the final approval for merger on 20.10.2017and by 31.10.2017, Reliance Communication announced that the merger was complete. Therefore R Com acquired telecom business of OP2 & OP3 including licenses and 30 MHz spectrum in the 800/850 MHz band spectrum, ideally suited for 4G LTE services in eight important circle including Delhi. Post merger, OP2 & OP3 have discontinued independent mobile network operations in Delhi circuit and has no license issued from TRAI and currently only top five mobile players Reliance JIO, Bharti Airtel, BSNL and Vodafone-Idea are in mobile business since 2017. Post merger, OP2 & OP3 are no more independent entity in Mobile network business by virtue of having been merge into Reliance, the present complaint is rendered infructuous and relief prayed for therein cannot be granted in the current circumstance therefore held not maintainable. The complaint is therefore dismissed as against the public policy and current law.
3.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
4.   File be consigned to record room.
5.   Announced on  24.10.2019

 

(N.K. Sharma)     President

(Sonica Mehrotra)  Member