BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.159 of 2021
Date of Instt. 15.04.2021
Date of Decision:29.10.2024
Surinder Kumar Mittal aged about 79 years S/o Sh. Ram Parsad R/o 16-C, Guru Nagar, Near Gol Market, Model Town, Jalandhar.
..........Complainant
Versus
Reliance Jio Fiber, (Corporate Office) 4th Floor, Reliance Mall, Opposite PIMS Hospital, Garha Road, Jalandhar.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. K. K. Gupta, Adv. Counsel for the Complainant.
Sh. Kunal Kalia, Adv. Counsel for OP.
Order
Dr. Harveen Bhardwaj (President)
1. The instant complaint has been filed by the complainant, wherein it is alleged that in the first week of December, 2020, representative of the OPs visited the house of the complainant and introduced himself as an employee of the OPs. He told that Jio has launched internet broadband services in their area under the name and style of JIO Fiber and the company is giving one month free trial of Jio fiber connection. He also informed the complainant that the OPs will take Rs.1500/- as security deposit from the consumer and if the connection holder/consumer will not satisfy with their services or internet speed then the consumer can made disconnection request on toll free no.18008969999 within one month from the date of installation of connection and the OPs will refund the full amount of Rs.1500/- to the consumer without any deduction or asking any question. The complainant gave his consent to take Jio fiber connection and handed over a copy of his Aadhar Card and his mobile phone number along with Rs.1500/- (security deposit) to the said employee. On 07.12.2021 the said connection was installed. The said connection was associated with the mobile phone no.9464975791 and email id anu.chadha@gmail.com of my client. The jio fiber service ID 02299140698065 was allotted to the complainant for the said connection. The connection was not working properly and creating problems to connect devices. Nobody was there to attend the complaints of the connection holder/complainant. On this the complainant made a disconnection request on dated 23.12.2020 on the above said toll free number of the OPs. The no.SR000013H9TC was assigned to the said request of disconnection. In revert of the said request an email acknowledgement dated 23.12.2020 was also sent by the OPs. The complainant made disconnection request within trial period of one month. After that the complainant received numbers of calls from the OPs to withdraw the disconnection request, but the old age complainant was not satisfied with the services of the OPs and he didn't change his mind to continue with the said connection. On 29.12.2020 the complainant received a call from the office of the OP No.1 and the representative informed the complainant that his connection successfully disconnected within trial period and their employee will visit the house of the complainant to collection all the accessories and modem/router/device of jio fiber connection and he also will collect bank details of the complainant for the purpose of refund of Rs.1500/-. The said caller on telephone specifically told the complainant to take proper receipt from their employee when he will collect the bank detail and accessories, modem/ router device of jio fiber connection. With the intention to harass the complainant even when the above said connection was disconnected, the OP No.1 sent an email to the complainant to make recharge of his above said connection. The OP No.1 specifically mentioned in the email Dear customer your current plan TRIAL FRC internet for jio fiber service id 299140698065 will expire on 06.01.2021 18:53 Hrs. When nobody visited the house of the complainant to collect device and details, the complainant made numbers of requests for the same on toll free number and finally on 12.01.2021 an employee of the OPs visited the house of the complainant but he refused to issue any receipt. Then the complainant also refused to return the device to him. A complaint cum legal notice through counsel through email was served to the OPs on dated 12.01.2021. On multiple requests made by the old age complainant, the employee of the OPs collected the bank details and jio fiber device/modem/router and accessories from the complainant on dated 12.02.2021. While collecting the device and bank details from the complainant by the employee of the OPs, an OTP was sent by the OP No.1 to ensure the correctness of the details provided. On 19.02.2021 the complainant received Rs.500/- only in his bank account from the OPs. When the complainant inquire the matter from the toll free number then the customer care representative advised to wait for few days and assured the complainant that the OPs will refund the balance of Rs.1000/- very soon. When the OPs not refunded the balance amount of Rs.1000/- on multiple requests then the complainant served a legal notice dated 01.04.2021 through counsel through email but till date the hard earned money of old age complainant is not refunded by the OPs and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs.1000/- alongwith interest @ 18% per annum from the date of disconnection and further OPs be directed to pay a compensation of Rs.50,000/- for causing mental tension and harassment to the complainant and Rs.35,000/- as litigation expenses.
2. Notice of the complaint was given to the OP, who filed written reply, whereby contested the complaint by taking preliminary objections that the present complaint is not maintainable on the grounds of mis-joinder of party as the OP No.2 is neither necessary nor a proper party to adjudicate the dispute of the present proceedings and name of OP No.2 has been arrayed in the complaint, without any just and sufficient reasons and/or sufficient cause and the same ought to be deleted from array of the OP before deciding any reliefs as sought by the complainant. It is further averred that the complainant has suppressed material facts from the Commission and the complaint is liable to be dismissed on this very ground alone. It is further averred that the complaint filed by the complainant is frivolous and misconceived both in law and facts. On merits, it is admitted that the complainant has given the consent to take Jio Fiber connection and opted to avail one month free trial offer. It is also admitted that on 07.12.2020, the connection was installed at the residence of the complainant and the connection was associated with the mobile No.94649-75791. The ID allotted to the complainant for the said connection is also admitted. It is also admitted that the complainant had given Rs.1500/- as security for the installation of the Jio Fiber connection, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.
3. Rejoinder not filed by the complainant.
4. In order to prove their respective version, the counsels for both the parties have produced on the file their respective version.
5. We have heard the Ld. Counsel for the respective parties and have also gone through the case file very minutely.
6. It is admitted that the complainant has given the consent to take Jio Fiber connection and opted to avail one month free trial offer. The complainant has proved on record the Pamphlet Ex.C-2. The OP has alleged that the one month free trial offer was subject to terms and conditions and the complainant was bound to abide by those terms and conditions. It has also been admitted that on 07.12.2020, the connection was installed at the residence of the complainant. It is also not disputed that the connection was associated with the mobile No.94649-75791. The ID allotted to the complainant for the said connection is also not disputed. It is also not disputed that the complainant had given Rs.1500/- as security for the installation of the Jio Fiber connection.
7. The contention of the complainant is that the connection was not working properly and creating problems to connect devices, therefore, the complainant made dis-connection requests on 23.12.2020. The acknowledgement was also sent by the OP. The request of disconnection was made within the trial period of one month. On 29.12.2020, he received call from the office of OP No.1 that connection has been successfully disconnected and the person will come to collect the accessories and modem/router/device of jio fiber and the refund of Rs.1500/- shall be made. Whereas the OP has alleged that after disconnection of one month free trial plan by complainant, he did not handover the device installed at his residence, therefore, the refund of Rs.500/- was made. Since the complainant had not returned the device installed at his residence and has not complied with the terms and conditions of the offer, Rs.1000/- was deducted.
8. All the material facts of installation and disconnection have been admitted and disconnection of Jio has not been disputed. It is also not disputed that Rs.1500/- were deposited as security. It is also not disputed that the Rs.500/- were refunded. The OP has alleged that Rs.1000/- were deducted as the device was not returned and terms and conditions were not complied with. The OP has not produced on record any terms and conditions, which the complainant should have complied with. The OP has also relied upon Ex.C-2. Perusal of Ex.C-2 shows that no terms and conditions have been mentioned in this document. Though, the word has been mentioned ‘I accept terms and conditions’, which terms and conditions are there to be accepted, nothing has been mentioned. There is no condition in this document that in case of disconnection, the refund of security shall be made subject to depositing of the device, nothing has been mentioned in Ex.C-2. It has been mentioned that one time refundable amount applicable. Except this, there is no such condition. Ex.C-3 to Ex.C-7 are the emails which show the correspondence between the complainant and the OP regarding the installation of the connection, disconnection of the connection and refund of the money. Legal notice is by way of email Ex.C-7. The OP has not proved that how the deduction of Rs.1000/- has been made without intimating to the complainant and without any terms and conditions explained to the complainant. Thus, the act of the OP is wrong and illegal. There is deficiency in service and unfair trade practice on the part of the OP. Thus, the complainant is entitled for relief.
9. In view of the above detailed discussion, the complaint of the complainant is partly allowed and OP is directed to pay Rs.1000/- with interest @ 6% per annum from the date of disconnection, till its realization. Further, OP is directed to pay a compensation of Rs.10,000/- for causing mental tension and harassment to the complainant and Rs.5000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
29.10.2024 Member Member President
