Order dictated by:

Sh.S.S. Panesar, President.

1.       Sh. Ravinder Singh has brought the instant complaint under section 11 & 12  of the Consumer Protection Act, 1986 on the allegations that   complainant is customer of opposite parties with postpaid cell phone connection No. 9317561575. The complainant wants to change cell phone’s network operator from Reliance Telecom to Aircel Telecom. Complainant sent request to opposite parties through SMS on 11.6.2016 for Unique Portability Code. But opposite parties failed to provide Unique Portability Code to the complainant. Complainant again sent SMS for Unique Portability Code to opposite parties on 14.6.2016, but opposite parties again failed to provide the same. The complainant through e-mail dated 14.6.2016 also  made request to provide Unique Portability Code , but to no avail. The complainant has sought for the following reliefs vide instant complaint :-

(a)     Opposite parties be directed to immediately issue Unique Portability Code to the complainant without any further delay ;

(b)     Opposite parties be also directed to pay compensation to the tune of Rs. 20000/- alongwith litigation expenses to the tune of Rs. 5000/- to the complainant.

Hence, this complaint.

2.       Upon notice, initially Sh. Rupesh Mahindru,Adv.appeared on behalf of opposite party No.1  and filed memo of appearance . But when on the next date of hearing none appeared on behalf of opposite party No.1, it was proceeded against ex-parte. Opposite party No.2 despite due service did not opt to put in appearance , as such it was proceeded against ex-parte. But when the case was fixed for arguments, Sh.Varun Mehra,Adv. appeared  on behalf of the opposite party No.1 and he was permitted to join the proceedings at that stage.

3.       In his bid to prove the case complainant tendered into evidence his duly sworn affidavit Ex.C-1, copy of SMS sent to opposite party Ex.C-2, copy of e-mail sent to opposite party Ex.C-3, copy of monthly bill Ex.C-4, copy of e-mail sent by the opposite party to the complainant Ex.C-5 and closed his evidence

4.       We have heard the complainant and ld.counsel for opposite party No.1 and have carefully gone through the record on the file.

5.       From the appreciation of the evidence on record, it becomes evident that the complainant is the consumer of the opposite parties with postpaid cell phone connection No. 9317561575. The complainant  wanted to change network of his cell phone from Reliance Telecom to Aircel Telecom. So complainant sent a request to opposite party through SMS on 11.6.2016 for Unique Portability Code. Copy of the request letter accounts for Ex.C-2. But however, the opposite parties failed to provide Unique Portability Code to the complainant. The complainant again sent request SMS for Unique Portability Code to opposite party on 14.6.2016. But even then the opposite parties have failed to provide Unique Portability Code to the  complainant till date. The complainant sent a complaint to opposite parties through e-mail on 14.6.2016, copy whereof is Ex.C-3. But no redressal of the grievance of the complainant  has been made. The complainant visited the office of opposite party No.2 on 21.6.2016 and enquired about the status of his request  for Unique Portability Code. Staff of opposite party No.2 told the complainant that his request and complaints have been registered with their head office and it will be resolved within a period of two days. But,  however, even then the opposite parties failed to provide Unique Portability Code to the complainant so far , which amounts to deficiency in service.

6.       The evidence adduced by the complainant in support of his case has gone unrebutted on record  because the opposite parties neither filed written version nor adduced any evidence to rebut the case of the complainant, which amounts to implied admission on the part of opposite parties.

7.       Consequently, instant complaint succeeds and opposite parties are directed to issue Unique Portability Code to the complainant without any further delay. Besides that opposite parties are also     ordered to pay an amount of Rs. 2000/- on account of deficient service while cost of litigation are assessed at Rs. 1000/-. The instant complaint stands disposed off ex-parte accordingly.   Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

Announced in Open Forum

Dated : 21.9.2016

/R/