Assam

Dibrugarh

CC/28/2013

SRI. RAJ KAMAL PHUKAN - Complainant(s)

Versus

RELIANCE TELECOM LIMITED - Opp.Party(s)

SRI VIJAY PANDEY

16 Mar 2018

ORDER

The case of the complainant in brief is that the complainant is a bonafide consumer and subscriber of the Reliance Blackberry Services, C/O Reliance Telecom Limited, comprising of internet access, online e-mail access, Blackberry Messenger Service and other internet related services having telephone number 0-9508133344 and Relationship No.200008896459. The complainant being a Manager (Personal and Administration) of McLeod Russel India Limited used the said connection both for his personal as well as professional purpose. On 25.09.13 while the complainant was travelling to Moran and Sivasagar for his urgent official work which required him to send and receive e-mails through his telephone he was surprised to see that the said e-mail/internet service was not available on his phone. The complainant immediately sent message to the Dibrugarh office of the OP who in reply informed him that due to some technical problems he is not getting the service and assured him that service will be restored immediately. But till 5pm on same day the OP did not restore the service so the complainant lodged a telephonic complaint on the Reliance Blackberry Customer Service No. *389 and this time also the OP assured the restoration of service. Further, the OPs gave three days time to resolve the request of the complainant. Though three days elapsed his service was not restored. So he contacted with the customer care and asked the reason for taking such a long period. Meanwhile, the complainant suffered huge loss for not getting the internet/emails and also suffered both mentally and physically tortured. When the above service was not restored the complainant again called the Reliance Blackberry customer service on 27-28 September, 2013 and the OP assured restoration of service as before. As such, the complainant again sent an e-mail to the Reliance Customer Care to take immediate step to restore the aforesaid facilities to the complainant. But all were in vain. As such, complainant suffered lots of mental and physical torture due to inconvenience caused by the OPs and also suffered financial loss. The above act of the OP were out and out deficiency in service due to their negligence for which the complainant suffered loss, torture, harassment and agony. Hence, the complainant filed this case claiming Rs.1,00,000/- for harassment and mental agony together with sum of Rs.10,000/- being cost of the proceeding.

 

After registering the case, notices were issued to all the OPs who contested the case by filing written statement stating inter-alia that the case is not maintainable due to misconceive of facts and having no foundation. The case is also not maintainable for non-joinder of necessary parties. The OP further stated that the Reliance Telecom Limited only activates the Blackberry Plan by which allows the customer to access Backberry Service wherein the customer is provided with Blackberry I/D and Blackberry pin. The complainant was not getting the service of Blackberry, but he did not complained of not having network or basic telephone provided by Reliance Telecom Ltd which means there was no deficiency in service on the part of Reliance Telecom Ltd. they stated that e-mail being owned and controlled  by Blackberry Service and as such, Reliance Telecom Ltd is not responsible for  not getting e-mails although Reliance Telecom Ltd has taken up the issue for resolution at that relevant point of time. As such, no case is made out against the Reliance Telecom Ltd and the complaint petition is liable to be dismissed.

 

In this case the complainant gave evidence by swearing affidavit and exhibited  as many as  3 (three) documents in support of his case. On the other hand, OP gave no evidence to rebut the case of the complainant.

 

Heard argument of the complainant. OPs made no argument and remain absent since 30-01-2016.

 

 DISCUSSION, DECISION AND REASONS THEREOF :

     Upon going through the evidence, documents and the argument advanced by the complainant it is found that the complainant was a subscriber of Reliance Blackberry Service, C/O Reliance Blackberry Telecom Limited, comprising of Internet Access, Online E-mail Access, Blackberry Messenger Service and other internet related services for Telephone Number 0-9508133344 and Relationship No.200008896459. The complainant was a bonafide customer and the subscriber of the OP and he was paying regularly all the bills without any default. Ext-1 is the bill of payment of the bill dated 11-09-13 and Ext-2 is the receipt of the payment of said bill on 25-09-13. From the above Exhibit it appears clear that the complainant was paying the bill regularly and the said Ext-1 and 2 are the bills and receipt connected with the relevant time of occurrence which was duly paid and the complainant was to receive the service from the OP against the aforesaid bill and receipt. Whereas, on perusal of the evidence it appears that from 25-09-13 while the complainant was on tour at Moran and Sivasagar the service of the internet of OP was  highly necessary on account of his official duty, but his service was interrupted at the relevant time.  He made several request to the OPs but in spite of that OP failed to restore the service of the  mobile phone of the complainant. He also made complaint before the customer care and even than he did not get any response and failed to get the service from the OP at his pick time. Ext-3 is the copy of e-mail dated 28-09-13 with request to take immediate step to restore the facilities of e-mail, internet etc but no steps were taken by the OPs as a result of which the complainant suffered mental and physical torture and also suffered loss for absence of aforesaid service, for which we are of the opinion to hold that complainant suffered from deficiency in service due to negligence of the OPs.

        The OPs in their written statement took the plea that the OPs are having no relation with the activities of the Blackberry Plan. They are service provider of internet as such, they activated the Blackberry Plan which allows the customers to access Blackberry Service with Blackberry I/D and Blackberry pin. In the instant case the complainant did not complain about not having internet connection or having no network of the OP by which it may be presumed that there was no deficiency in service on the part of Reliance Telecom Ltd. Besides, the e-mail being informed and controlled by Blackberry Service as such, Reliance Telecom Ltd is not responsible for not getting e-mail, though the OP took initiative to resolve the issue at the relevant time.

          So far the above statement of the OPs that OPs cannot be held liable for deficiency in service as e-mail being informed and controlled by Blackberry Service are concerned we have found from the material on record that there is no denial on the part of the OP that the complainant relied very much upon the OP. OPs have not supported their claim by adducing any evidence, since written statement is not sufficient to prove their allegation, it must be proved by adducing evidence. The OPs are no doubt allows the customer to access the Blackberry Service and activates the same. The complainant in his evidence categorically stated that on 25-09-13 he did not get the service of e-mail/ internet for which he sent message.  It was not that he was not getting the internet service as alleged by the OPs. The complainant did not get both e-mail and internet service for which he failed to correspondence by the Internet Access, Online E-mail Access, Blackberry Messenger Service and other internet related services. Having considered the fact and circumstances of the case and material on record we are constraint to hold that role played by the OP appears to be healthy one to be held them liable  for the failure of service. We expected that OP had to exercise its discretion to accommodate the revival of service which they have not done. So they must face the consequence. They are also part and parcel of the Blackberry Service since the complainant became subscriber of Reliance Blackberry Service through OP by providing Internet Access and also by making activate of the service. In the present case the OPs put the shoe of Blackberry Service. As such, OPs shall not be absolved from the liability by saying that they only activate the Blackberry Plan. We have got no hesitation to hold that the present case is quite maintainable so far as it is related to deficiency in service and the instance of the OP was on the wrong side. Having considered the material on record we are of the considered opinion that the end of justice would be met if the complainant’s prayer for compensation is allowed for loss, harassment and mental agony.

          In view of the above conclusion arrived at this Forum comes to an unassailable conclusion that the evidence led by the complainant has been able to prove and disclose material of deficiency of service as such, this forum doth order OPs to pay compensation of Rs.15000/- for committing grave negligence for which the complainant suffered loss, mental and physical agony. Further, OPs are directed to pay Rs.5000/- as cost of filing this case. All the above order shall be complied within one month from the date of this judgment.

         Send copy of this judgment to OPs for compliance.