Punjab

Ludhiana

CC/16/492

Raman Garg - Complainant(s)

Versus

Reliance Comm.Ltd - Opp.Party(s)

Balraj Singh Adv

25 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. 492 of 06.07.2016

Date of Decision            :   25.11.2016

 

Raman Garg, r/o. H.No.549/9, St. No.3, Talwandi Road, Raikot, Ludhiana.

 

….. Complainant

                                                         Versus

1.Manager-cum-Executive Officer, Reliance Communications Ltd., Shop No.1-A, Mall Plaza, Near Dominos Pizza, The Mall Road, Ludhiana-141001.

2.Appellate Authority, Reliance Communications Ltd., Ist Floor, Tower F.DLF Building Plot No.2, Rajiv Gandhi Technology Park, Chandigarh-160101.

 

…Opposite parties

 

          (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

MRS.VINOD BALA, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant                      :        Sh.Balraj Singh, Advocate      

For OPs                         :        Ex-parte

 

PER G.K.DHIR, PRESIDENT

 

1.           Complainant ported his mobile number to Reliance CDMA Company because the said company promised to provide better service and schemes than other telecom service providers. Believing that representation, portability of mobile No.8528666000 from Vodafone number was got done on 5.3.2016 by paying monthly bill plan. At that time, it was disclosed to the complainant that Rs.350/- per month will be charged from him instead of rent of Rs.700/- per month because of promotional scheme, in which, discount of Rs.500/- on rent is permissible.  However, complainant received the bill for full rent of Rs.700/- per month and thereafter, he submitted many requests at the store of Ops and their customer care centre regarding rental discount, but to no effect. It is claimed that Ops have cheated the complainant by making false promises. Complainant even sent SMS and gave calls to customer care of Ops, but response was received as if upgrading to 4G will be done, but despite that said upgrading was not done. However, the complainant for avoiding disconnection of mobile number in question, permitted to convert his Sim under 4G Scheme on 13.5.2016 and Ops took time of two days to give 4G Sim. However, Ops illegally and arbitrarily discontinued all services on mobile number of the complainant on 13.5.2016 without intimating the complainant, despite the fact that there was no due or delay on the part of complainant. Thereafter, various requests were made by the complainant to customer care centre of Ops and even he sent emails on 17.5.2016, 18.5.2016 and 19.5.2016 with request to provide 4G Sim or to continue the service on his mobile number, but to no effect. By pleading deficiency in service on the part of Ops and serving legal notice dated 25.5.2016, this complaint filed with the prayer for directing Ops to activate and handover the 4G Sim under above said mobile number. Compensation for mental and physical harassment of Rs.1 lac even claimed.

2.                None appeared for Ops and as such, Ops were proceeded against ex-parte.

3.                Complainant in ex-parte evidence tendered his affidavit Ex.CA along with documents Ex.C1 to Ex.C15 and then his counsel closed the ex-parte evidence.

4.                Written arguments not submitted. Oral arguments alone addressed by counsel for complainant and those were heard. Records gone through carefully.

5.                Perusal of documents Ex.C4 to Ex.C15 reveals that e-bills paid by the complainant to Reliance with respect to the mobile number 8528666000 and thereafter, on disconnection, complainant entered into email correspondence and even sent legal notice dated 21.5.2016 Ex.C1 through postal receipts Ex.C2 and Ex.C3. Contents of Ex.C10 establishes  that the complainant asked Ops about process for making the said mobile number functional. There are certain conditions which has to be fulfilled for keeping the mobile number functional as disclosed by contents of Ex.C11 and as such, for security purpose, in case, Ops seeks any documents from the complainant, then it will be his responsibility to provide those documents. Contents of Ex.C13 establishes that mobile number of the complainant not working since from 3.5.2016 and that is why he lodged the complaint. Through Ex.C14 of date 2.6.2016, Ops expressed regret for the inconvenience caused to the complainant. In Ex.C14 itself it is mentioned that in system of Ops, there is no offer of 50% discount. In Ex.C14 itself it is mentioned that as per details checked in the system of Ops, the services of the mobile number of the complainant are active. So, it is obvious that the complainant has been availing the services on his mobile number from Ops on payment of charges.

6.                The grievance of the complainant is that services of 4G scheme were discontinued on his mobile number on 13.5.2016 without informing him the reason for such discontinuation. That fact even alleged in the submitted affidavit Ex.CA of the complainant and as such, the same shows that discontinuance of the services done in an arbitrary manner and without following the principles of natural justice. Being so, there is deficiency in service on the part of Ops, due to which, complainant stood harassed mentally and as such, complaint deserves to be allowed. In view of dispute qua rate of discount, some fault on the part of complainant also is there in not paying the due amount and as such, compensation for mental harassment should be meager and not excessive. Complainant has to comply with the terms and conditions qua providing of documentary or other proof required for activating the services and as such, while allowing the complaint directions in that respect also need to be issued.

7.                As a sequel of the above discussion, complaint allowed ex-parte in terms that Ops will activate and hand over 4G sim of mobile no8528666000 within 30 days from the date of receipt of copy of order, but subject to the condition that in case any documentary proof or other proof required, then the complainant will submit the same on requisition from Ops within 10 days from such requisition. Further, complainant will have to pay such charges as are prescribed one for getting this 4G sim activated. Compensation for mental harassment of Rs.2000/-(Rupees Two thousand only) and litigation expenses of Rs.2000/-(Rupees Two Thousand only) more allowed in favour of the complainant and against Ops. Payment of these amounts be made by Ops within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules.

8.                File be indexed and consigned to record room.

 

                   (Vinod Bala)                                       (G.K. Dhir)

                                      Member                                                President

Announced in Open Forum                                                          Dated:25.11.2016

Gurpreet Sharma.