PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 220/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Ronak Agrawal,

R/O- Street No.1, Poddar Colony, Khetrajpur, Sambalpur

Dist-Sambalpur, Odisha-768003.                        .……….......Complainant.

Vrs.

1. Reliance Jio Infocomm Limited(Jio Fiber)

9^th Floor, Maker Chamber IV, Nariman Point,

Mumbai-400021, Maharashtra.

2. Reliance Jio Infocomm Limited,

Fortune Tower, 1^st Floor, Wing A & B, Gangadhar Meher Marg,

Chandrasekharpur, Bhubaneswar-751023.

3. Reliance Jio Infocomm Limited,

1^st Floor, City life, Besides Tanishq Jewellery, Budharja,

Sambalpur, Odisha-768004.                                …...……….Opp. Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.s                       :- Sri. P.K. Mahapatra & Associates

Date of Filing:04.12.2023,  Date of Hearing :09.04.2024  Date of Judgement : 13.05.2024

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant has purchased a Jio connection from Jio company by paying an amount of Rs. 4241/- as cost of six month connection on 08.08.2023. The Complainant called the customer care of company on dtd. 06.09.2023 to cancel the connection, company’s customer care executive agreed to cancel connection and told that balance unused amount will be refunded as the Complainant used connection for one month but the subscription fees was paid for six month. Connection was cancelled saying refund will be granted. When no refund granted, then the Complainant requested to restart it but connection was not restarted. The Complainant raised Two more complains but no any solution provided by company. Company only apologised saying that there was mistake by their company’s executive.
2. The Written Version of the OPs is that the Complainant on 08.08.2023 applied for a postpaid Jio Fiber connection and the same was provided on the same day. No security deposit or installation charges are to be paid for the said connection, only advance rental was supposed to be paid for the plan chosen by the Complainant to ensure minimum commitment. Accordingly, the Complainant has paid advance rental for the said months through online in accordance with the terms and conditions of the postpaid connection that are provided online. On 06.09.2023 within one month the Complainant called the Customer care and requested for cancellation of the said postpaid Jio Fiber connection and accordingly the same was cancelled on 08.09.2023 upon his request. Subsequently through various telephone calls and Email the Complainant demanded refund of the amount paid by him that are not due and payable to him. The OPs have categorically in all their Email correspondences mentioned that the Complainant is not entitled to any refund as per the Terms and conditions of the offer and therefore not payable.

3. From the above it is found that the out of promise to refund the rest amount by the company’s customer care executive, the Company only apologised saying that there was mistake by their company’s executive and the OPs have failed to give any solution. So, deficiency in service found against the OPs.  The O.Ps has not filed any terms and conditions of the policy. Accordingly it is ordered:

                                                ORDER

The case is disposed of on merit. he O.Ps are directed to refund the rest un-use amount to the Complainant and to pay  Rs. 15,000/-  towards negligence, deficiency in service as Compensation and Rs. 10,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the whole amount will further carry with 9% interest per annum till realization.

Order pronounced in the open Court today on 13^th day of May, 2024.

Free copies of this order to the parties are supplied.