BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 46 of 2021
Date of Institution: 26.02.2021
Date of Decision: 24.02.2023.
Vinod Kumar son of Ram Singh, resident of Prem Nagar, Sirsa, Tehsil and District Sirsa.
………Complainant.
Versus
1. Sirsa Vodafone Store, Dss 154, HUDA Complex, Near Old Bus Stand and Town Park, Sirsa, District Sirsa.
2. Vodafone Idea Ltd. D8, Udyog Nagar, Near Peeragarhi Chowk, Rohtak, New Delhi.
3. Vodafone Care Centre, Monga Communication, Shop No.3, Near Old Bus Stand, Sirsa.
……… Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR………. PRESIDENT
SMT. SUKHDEEP KAUR……………..MEMBER
SH. OM PARKASH TUTEJA… ……….MEMBER
Present: Sh. V.K. Beniwal, Advocate for complainant.
Opposite party no.1 already exparte.
Sh. A.S. Kalra, Advocate for opposite parties no.2 and 3.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred as OPs).
2. In brief, the case of complainant is that complainant was having Sim of Vodafone company bearing No. 98133-36270 which was old one and due to sudden non working/ closing of the Sim complainant approached the op no.3 on 14.02.2019 and disclosed his said problem. That op no.3 stated that he will receive monthly bill of Rs.350/- under Red Basic Plan and he will have to deposit the bill continuously for three months and will have to deposit an amount of Rs.250/- as security and in case complainant will use the mobile in excess and bill of exaggerated amount is received, then the amount will be adjusted in the said bill. It is further averred that they also disclosed that the bill date will be seven and twenty two of every month and he will have to scan his adhar card. That complainant deposited Rs.250/- as security for re-operation of his said SIM number and they issued receipt dated 14.02.2019 and also issued first bill of the amount of Rs.149.81 for the period 14.02.2019 to 06.03.2019. It is further averred that thereafter the second bill for the period 7.3.2019 to 6.4.2019 was issued for the amount of Rs.382.32 and after adjusting previous balance, they prepared the bill for the amount of Rs.532.13 but its due date was not disclosed. That after issuing of invoice dated 05.12.2019, the third bill for the period of 5.12.2019 to 6.12.2019 was issued for the amount of Rs.82.51 and said bill which was only for one day was issued for excess amount. Thereafter the fourth bill for the period 7.12.2019 to 06.01.2020 was issued for the amount of Rs.411.82 in which due date was disclosed as 22.01.2020 in which an amount of Rs.82.51 was added and ops prepared the total bill of the amount of Rs. 494.33/-. It is further averred that fifth bill for the period of 7.1.2020 to 6.2.2020 was issued for an amount of Rs.347.15 and complainant except the bill of March was regularly paying the said bills. On 24.02.2020 he made payment of the bill of February but as on 20.03.2020 lock down was imposed, the shop of Vodafone Care Centre became closed and as such despite due to non preparation of bill in time and due to non clearance of his account though complainant could not use the services yet the ops forcibly got deposited the bills of the month of April, May and June from the complainant. It is further averred that complainant made several rounds to the care centre and they disclosed that their services of Vodafone store have been closed in Sirsa and for recharge scheme in order to get changed the Sim either he will have to go Hisar or once he will have to get ported his number from another company otherwise he will have to keep this scheme continuous. They further disclosed that in case he will get the number ported then firstly he will have to make clear their account. That complainant was forced to clear the account of Vodafone company and also got ported his number in another company. On 08.06.2020 he cleared the bill by making payment of Rs.280/- and was forced for closing the services of Vodafone as the work of changing plan was of Vodafone store and from April, 2020 he suffered heavy loss due to closing of services. It is further averred that in July, 2020 vodafone company had sent a cheque No. 408566 dated 13.7.2020 which was of security amount which was received to him very late due to which he could not get enchased the same. That when he contacted with the care centre, they disclosed that they cannot do anything and asked him to talk with the company. It is further averred that due to operation of plan for long time by ops and due to late receiving of cheque to him but as the cheque was having an earlier date, the complainant could not get encashed the said cheque and complainant is still ready to return the said cheque to the ops. The complainant is entitled to an amount of Rs.5000/- from ops as litigation expenses and is also entitled to an amount of Rs.20,000/- from ops on account of security, excess charging of bill and for mental harassment and in the excess bill charged by ops, the amount of the bill of 5.12.2019 to 6.12.2019 and from 7th March, 2020 to June, 2020 which were got forcibly deposited from complainant are also included and complainant is entitled to refund of the same. Hence, this complaint.
3. Notice of the complaint was issued to the ops. Notice issued to op no.1 received back with the report of refusal and as none appeared on behalf of op no.1, therefore, op no.1 was proceeded against exparte.
4. Ops no.2 and 3 appeared and filed written version raising certain preliminary objections regarding maintainability and that at the time of filing of the present complaint in February, 2021, the complainant was not a customer of the answering op no.2 as he had willfully ported out his number to another operator on 12.06.2020. In preliminary objections as well as on merits, it is also submitted that complainant subscribed to the mobile number 9813336270 in December 2019 in the post paid category. It is further submitted that cheque of Rs.250/- was sent to the complainant in lieu of refund of security and said cheque was sent timely to the complainant. Remaining contents of complaint are denied to be wrong and prayer for dismissal of complaint made.
5. Complainant has tendered his affidavit Ex. PW1/A and copies of documents i.e. receipt of the amount of Rs.250/- Ex. C1, bill of the amount of Rs.149.81 Ex. C2, bill of the amount of Rs.532.13 Ex.C3, invoice dated 05.12.2019 Ex. C4, bill of the amount of Rs.82.51 Ex.C5, bill of the amount of Rs.494.33 Ex.C6, bill of the amount of Rs.347.15 Ex.C7, receipt of the amount of Rs.280/- Ex.C8 and cheque dated 13.07.2020 Ex. C9.
6. On the other hand, ops no.2 and 3 have tendered affidavit of Sh. Manoj Madan, authorized signatory as Ex. R1 and copies of documents i.e. postpaid customer Digital-KYC application form Ex. R2, adhar card of complainant Ex.R3 and Ex.R4, subscriber history Ex.R5 and statement list Ex. R6.
7. We have heard learned counsel for complainant and learned counsel for ops no.2 and 3 and have perused the case file carefully.
8. The main grievances of the complainant is that despite the fact that from 20.03.2020 due to imposition of lockdown due to COVID-19 the Vodafone Care Centre was closed and services of the mobile number of complainant were stopped from 14.04.2020, the ops forcibly got deposited the post paid bills of the mobile of complainant from 7th March, 2020 and for the month of April, May and June, 2020. It is further case of complainant that as Vodafone Care Centre in Sirsa was closed therefore complainant was forced to port his above said mobile number from another company and was also forced to firstly clear the account of Vodafone company which was cleared by him on 8.6.2020 by paying the amount of Rs.280 and he has suffered huge loss due to stoppage of services of his mobile number from April, 2020. The ops have not pleaded or proved on record that their services or service of mobile of the complainant were not stopped from March/ April, 2020 rather it is proved on record that as the services of mobile number of Vodafone company were stopped the complainant finding no other option had to get his mobile number ported from another company on 08.06.2020 on clearing the account of ops by paying Rs.280/-. So, in our considered opinion the complainant is entitled to refund of the amount of the bills wrongly charged from him for the period from 7th March, 2020 onwards and end of justice would be met if the ops are directed to pay lump sum amount of Rs.5000/- being refund of the bills for the period of March, 2020 to June, 2020 including compensation for harassment. The complainant is also entitled to security amount of Rs.250/- from ops, the cheque of which was also issued by ops on 13.07.2020 but complainant could not get enchased the same due to late receiving of the same.
9. In view of our above discussion, we allow the present complaint and direct the opposite parties to pay lump sum amount of Rs.5000/- to the complainant being refund of amount of above said bills of mobile of complainant alongwith compensation for harassment. We further direct the ops to pay amount of Rs.250/- to the complainant on account of security amount deposited by complainant cheque of which amount could not be encahsed by complainant. The complainant has also handed over the cheque in question to the learned counsel for ops no.2 and 3 before this Commission. The ops are liable to comply with this order within a period of 30 days from the date of receipt of copy of this order, failing which complainant will be at liberty to initiate proceedings under Section 71/72 of the Consumer Protection Act, 2019 against the ops. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Announced: Member Member President,
Dated: 24.02.2023. District Consumer Disputes
Redressal Commission, Sirsa.
