Delhi

East Delhi

CC/580/2016

RAHUL RANJAN - Complainant(s)

Versus

RELIANCE COMM. - Opp.Party(s)

07 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.580/16

SH. RAHUL RANJAN VERMA,

ADVOCATE

OFFICE AT-352, LAWYER’S CHAMBER, BLOK-I,

DELHI HIGH COURT, NEW DELHI-110503

ALSO AT:

382, SEEMMANT VIHAR,

KAUSHAMBI, NEAR RADISSON BLU HOTEL,

GHAZIABAD-201010. (U.P.) ….Complainant

 

•  

 

THE RELIANCE COMMUNICATION LTD.,

THROUGH ITS DIRECTOR

P/11, PANDAV NAGAR, MAYUR VIHAR PHASE-1,

ACHARYA NIKETAN, DELHI-110091                              ….Opponents

 

Date of Institution: 04.11.2016

Judgment Reserved for: 07.03.2018

Judgment Passed on: 12.03.2018

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                           (MEMBER)

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

The present complaint has been filed by Shri Rahul Ranjan Verma, an Advocate by profession against Reliance Communication Pvt. Ltd., with the allegations of unfair trade practice and deficiency in services.

1. Briefly stated the facts of the present complaint are that the complainant being a customer of OP from 2010-2011 with respect to connection no. 9313090163 which was CDMA connection for the purpose of internet, but the service of the said number were suddenly terminated in the month of June 2016, without any prior notice. It is stated that OP did not send 4G SIM with respect to connection number mentioned above in the process of up-gradation from CDMA to 4G. Also, connection no. 9310274454, which was being used by the complainant, was deactivated without there being any dispute. The complainant has further stated that OP had informed the complainant vide SMS dated 10.05.2016 and had sent 4G SIM to upgrade the connection which was not done in the case of connection no. 9313090163. Thereafter, the complainant purchased a 4G dongle on 22.07.2016 for Rs.1,599/- from the web site of OP for his data connection no.  9313090163 which was delivered to him on 17.09.2016 or 18.09.2016, but OP started to raise bills dated 05.07.2016 for Rs.483/-, 05.08.2016 for Rs.1,361/-, 05.09.2016 for Rs.2,799/- and 05.10.2016 for Rs.3,535/-. OP has raised bills for usage despite non delivery of dongle. Email dated 02.03.2016 was written to OP, requesting them to withdraw the bills, but grievance of the complainant was not addressed. It has also been stated that OP deactivated the connection of mobile nos. 9310274454 and 9310374454 on 05.10.2016 without any dispute regarding payment. Legal notice dated 16.09.2016 requesting OP to supply the dongle and to withdraw the bills dated 08.07.2016, 07.08.2016 and 07.09.2016 was sent by the complainant which was neither replied nor complied with. However, an E.mail dated 16.09.2016 was sent to the complainant which reflected the name of the consumer as-

NAME: IRSHAD C/O SHAHDARA CLOTH EMP PVT LTD

ADDRESS: 382 SEEMANT VIHAR KAUSHAMBI GHAZIABAD

NEAR RADISSION HOTEL GHAZIABAD

CITY GHAZIABAD

POST CODE: 201012

an showed outstanding balance of Rs.297/-

The Reliance Demand notice dated 11.10.2016 for Rs.3,531/- was also raised by OP. The complainant has alleged that OP with malafide intention raised the bill of another person having the same address of the complainant. Hence, the present complaint seeking direction to OP to waive off the bill amounting Rs.3,531/- and withdraw the demand notice dated 11.10.2016; to restore the connection no. 9301390163 and 9310374454, Rs.1,00,000/- for compensation, mental agony and harassment and Rs. 25,000/- for cost of litigation.

The complainant has annexed the screen shot of the SMS dated 10.05.2016, statement of account of AXIS Bank reflecting the payment of Rs.1,599/- for purchase of dongle, E.mail dated 02.08.2016, screen shot of SMS dated 17.09.2016, Electronic bill for the month of July, 16, August, 16 and September, 16, October,16, Reliance demand notice dated 11.10.2016, E.mail by the complainant regarding activation of mobile no. 9310274454, 9310374454 have been annexed with the complaint.

2. Notice of the present complaint was served upon OP, but they refused to accept the same, hence, they were proceeded ex-parte.
3. Ex-parte evidence by way of affidavit was filed by the complainant where he has reiterated the contents of the complaint and has got exhibited the copy of the screen shot of SMS dated 12.05.2016 as Ex.CW1/1, statement of the Axis Bank for the month of July, 2016 showing the deduction of Rs.1,599/- as Ex.CW1/2, copy of the E.mail dated 02.08.2016 sent by the complainant as Ex.CW1/3, copy of the bill dated 5^th July 2016 sent via email dated 08.07.2016 amounting Rs.483/- without using the said connection as Ex.CW1/4, bill for the month of July 2016, bill dated 5^th Aug. 2016 as Ex.CW1/5, bill for the month of August 2016 as Ex.CW1/6, bill for the month of Oct. 2016 as Ex.CW1/7, copy of the e.mail dated 16.08.2016 as Ex.CW1/8, copy of the e.mail dated 02.09.2016 as Ex.CW1/9, copy of the screen shots dated 17.09.2016 and 18.09.2016 of SMS showing delivery of Dongal as Ex.CW1/10, copy of the demand notice dated 11.10.2016 sent by the respondent as Ex.CW1/11, copy of the e.mails dated 25.10.2016, 27.10.2016, 01.11.2016 regarding deactivation of connection numbers 9310274454 and 9310374454 as Ex.CW1/12 (colly), copy of legal notice dated 16.09.2016 as Ex.CW1/13, copy of e.mail dated 15.09.2016 for payment reminder by the respondent to some other person as Ex.CW1/14,  and copy of identity proof of complainant as Ex.CW1/15.
4. We have heard the submissions on behalf of Ld. Counsel for the complainant and have perused the material on record. The complainant is aggrieved by disconnection of connection no. 9313090163 and bill of Rs.3,531/- raised by the OP, despite the fact that the complainant did not receive the dongle which he had ordered on 22.07.2016. OP had raised bills from July 2016 despite the fact that the dongle was delivered on 17/18^th September 2016. Further, OP had disconnected the other two connections bearing  nos. 9310274454 and 93103374454 even though there was no dispute with regard to the payment of the above two connections. Thus, issuing bills to the complainant for service which he could not avail in absence of dongle which is also supported by Ex.CW1/4- Ex. CW1/7. Further, disconnection of two no. 9310274454 & 9310374454 without any dispute too amounts to deficiency in service and unfair trade practice. Therefore, OP is directed to activate these connections within 15 days from the date of order. We also direct OP to withdraw the bill for Rs.3,531/-. We also award Rs.25,000/- as compensation on account of mental agony and harassment as the complainant being an Advocate by profession was dependent on the mobile numbers and had circulated the same amongst his clients and professional circles. In case the numbers have been issued to other customer, then OP shall pay  Rs. 15,000/- each for three connections. The order be complied within 30 days from the date of issuance of the order.                       

Copy of this order be sent to both the parties as per law.

File be consigned to R/R.

 

 

(Dr. P.N. TIWARI)                                    (HARPREET KAUR CHARYA)              

      MEMBER                                                        MEMBER

 

 

                                      (SUKHDEV SINGH)

                                               PRESIDENT