Orissa

Cuttak

CC/168/2023

ANAND KUMAR SHARMA - Complainant(s)

Versus

RELINACE JIO INFOCOMM LTD - Opp.Party(s)

self

02 Mar 2024

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.168/2023

 

Anand Kumar Sharma,

(Chamber Manager),

S/o: Late Hari Kishan Sharma,

Plot No.C1176,Sector-6,Markat Nagar,

Cuttack-753014,Odisha.                                              ... Complainant.

 

                                                Vrs.

1.                      Reliance Jio Infocomm Ltd.,

TTC Industrial Area,Thane Belapur Road,

Ghansoli,Navi Mumbai-400701.

 

2.                   Radha Nair,

Deputy General Manager,

Reliance Corporate IT Park,

Thane Belapur Road,

Navi Mumbai-400701,Maharastra.

 

3.           The Nodal Office.

   Head Odisha Business,

   Reliance Jio Infocomm Ltd.,

                     Fortune Tower,1^st Floor,

                    Wing-A, B,0,Chandrasekharpur,

                    Bhuabneswar,Odisha-751023.                                         … Opp. Parties.

 

Present:           Sri Debasish Nayak,President.

                                    Sri Sibananda Mohanty,Member.

 

               Date of filing:     23.05.2023

Date of Order:     02.03.2024

 

For the complainants:          Self.

For the O.Ps                 :      Sri J.B.Pattnaik,Adv. & Associates.

.

 

Sri Sibananda Mohanty,Member.                                                

          The case of the complainant in short is that the O.Ps  had promised him to provide 24X7, 365 days service for high speed connectivity  i.e Internet service as a speed of 10 MBPS data down load and upload throughout the year but they failed to do so.   It is further stated by the complainant that on 23.9.22 without any warning, the O.Ps disconnected his internet connection illegally and arbitrarily whereas they had taken Rs.824.42p towards their dues in advance and by which  the total work of his advocate chamber hampered.  It is stated by the complainant that thereafter he had to recharge his Jio fibre account on 23.9.22, so also he  lodged a complaint with the O.Ps about disconnection of Internet.  But the O.Ps without taking into consideration his objection on 29.9.23 closed his complaint illegally and arbitrarily.  It is further alleged by the complainant that the O.Ps have committed offence U/S-420,465,468,471,406,120 B read with 34 of the IPC 1860.  Hence, the complainant has filed the present case with a prayer for a direction to the O.Ps to pay him compensation of Rs.50,00,000/- and to refund him the excess money taken from him as well as prayed for other reliefs as deemed fit and proper.

          The complainant has filed copies of some documents alongwith the complaint petition in order to prove his case.

2.       All the O.Ps have contested this case by filing  their  joint written version.  It is stated by the O.Ps that the complainant is a Jio Fibre user and is using their connection since 30^th April,2022.  It is stated by them that the complainant’s Jio fibre service was disconnected on 23.9.2022 due to non-payment of monthly plan subscription, which was commenced from 24.8.2022 initially and he was noticed to recharge the same on the said date itself and after receipt of monthly subscription on the said date, the connection was restored immediately.  It is stated by the O.Ps that the complainant have never lodged any complaint before them thereafter.  The sum and substance of the case of the O.Ps is that they have not committed any deficiency of service and prayed for dismissal of the complaint petition with cost.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.II.

Out of the three issues, issue no. ii being the pertinent issue is taken up first for consideration here in this case.

It is an admitted fact that Jio Fibre service has been provided by the O.Ps to the complainant.  It is alleged by the complainant that he started his monthly plan on payment of subscription on 1^st September,2022 and it was disconnected on 23.9.2022.  But the complainant has not filed any scrap of document or evidence to the effect that infact he had recharged his Jio fibre account on 1^st Septembeer,2022 and he had paid monthly plan subscription for that period.   The O.Ps have stated that they have enquired into the complaint filed by the complainant and found that the complainant had recharged his Jio fibre account on 24.8.22 and the plan being a monthly subscription plan that connection was disconnected on 23.9.22 after completion of one month due to non-payment of monthly subscription and immediately the connection was restored on the same date on receipt of subscription.  The complainant’s plea also does not corroborate with any cogent evidence to prove his case.  In view of the above, the complainant is not able to prove any sort of deficiency of service on the part of O.Ps. This issue goes against the complainant.

Issue No.i.

The complainant has alleged offences U/S-420,465,468,471,406,120 B read with 34 of the IPC 1860 against the O.Ps.  This Commission lacks jurisdiction to adjudicate such offences.  Even otherwise, the case of the complainant is not maintainable before this Commission.

 

 

Issues no.i & iii.

From the discussions as made above, the complainant is not entitled to any relief as claimed by him.

ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 2^nd day of March,2024 under the seal and signature of this Commission.         

                                                                       Sri Sibananda Mohanty

                                                                                        Member

 

                                                                                         Sri Debasish Nayak

                                                                                                 President