- Md. Minhajuddin,
4C/1B, Gora Chand Lane, 2nd Floor,
P.S. Baniapukur, Kolkata-14. _________ Complainant
____Versus____
- Reliance Coomunication Ltd.,
Business Head Quarters,
Dhirubai Ambani Knowledge City,
Thane, Belapur Road, Kopar Khairane,
Navi Mumbai – 400406.
- The Area Manager, Customer Care,
Reliance Communications Ltd.,
Reliance House, 34, Chowringhee Road,
P.S. Shakespeare Sarani, Kolkata-71. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 9 Dated 18-03-2014.
The case of the complainant in short is that complainant is a legal professional and has been using a mobile connection of o.p. no.1 having mobile no.9009608461 for the last 7 to 8 years and the said connection is registered in the name of the complainant. The said connection is a prepaid one. Initially the said connection of the complainant was under CDMA facility but last year the complainant desired to change the said connection of GSM facility and upon application of the complainant the said connection under the said number 9009608461 of the complainant has been converted to the GSM facility by the Customer Care Deptt. of o.p. no.1.
Before converting to the said connection and number 9009608461to GSM facility from CDMA facility as per the requirement of the Customer Care Deptt. of the o.ps. the complainant had submitted a self attested photocopy of Identity proof being voter ID Card No.JJM1260843 one of passport size photograph and an amount of Rs.75/- towards processing charges by way of cash to the customer care of o.ps. and after submission of the abovementioned documents a new GSM SIM having the same mobile no.9339608461 has been issued to the complainant. After switching over from the CDMA facility to GSM facility the complainant was regularly using his mobile number and was well connected with clients, friends and relatives etc. and was recharging the connection as and when required by the complainant.
That after switching over to the new GSM facility the faulty system of o.p. no.1 started to deduct amount from the main balance account of the said connection / number of the complainant for all those facilities which the complainant was not at all availing. It is also surprising to know that those amounts were automatically deducted from the main balance of the said connection / number without being informed to the complainant. Hence, the case was filed by the complainant with the prayers contained in the petition of complaint.
O.ps. did not contest the case by filing w/v and matter was heard ex parte against the o.ps.
Decision with reasons:
We have gone through the evidence and entire materials on record and we find that the instant case is not maintainable in view of the decision of Hon’ble Supreme Court of India published in AIR 2010 SC 90 in Civil Appeal No.7687 of 2004 decided on 01.09.2009 appellant General Manager, Telecom vs. respondent M. Krishnan and another.
That being the position the instant case is not maintainable in this Forum and is liable to be dismissed.
Hence, ordered,
That the case is dismissed ex parte against the o.ps. without cost.
