In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.330/2012
1) Miss Nandita Basu,
1/32K, Prince Golam Mohammad Road,
Kolkata-26. ---------- Complainant
---Versus---
1) TATA DOCOMO,
21, Park Street, Kolkata-16, P.S. Park Street.
2) Narayan Enterprise,
60, Sarat Bose Road, Kolkata-25. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Samiksha Bhattacharya, Member
Order No. 12 Dated 10-07-2013.
The case of the complainant in short is that complainant took TATA Indicom connection by purchasing a mobile handset ‘Kyocera Blade’ from o.p. no.2 on 21.3.05. Now TAT Indicom merged with TATA DOCOMO and complainant received a SMS on 13.2.12 from o.p. no.1 requesting him to submit documents to the nearest store to enjoy to continue service. Accordingly, complainant submitted one photo and Xerox copy of the I.D. Card to the TATA DOCOMO True Value Hub at 21, Park Street, Kolkata-16 on 13.2.12 and they acknowledged the same. In spite of that TATA DOCOMO disconnected the tele-service to the mobile of complainant ‘9231691777’ without valid reason.
Complainant visited the said TATA DOCOMO True Value Hub at 21, Park Street, Kolkata-16 to know the reason behind it. They suggested complainant to submit the documents again and complainant submitted the documents again on 21.4.12 and they acknowledged the same but tele-serviced had not been restored by TATA DOCOMO and complainant was enjoying tele-service since 21.3.05. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
Both o.ps. did not contest the case by filing w/v and matter was heard ex parte against both the o.ps.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the instant case is not maintainable in view of the decision of the Hon’ble National Consumer Disputes Redressal Commission in R. P. No.1703 of 2010 and the decision of the Hon’ble Supreme Court of India passed in General Manager, Telecom vs. M. Krishnan & Anr – (2009)8 SCC 481. In the context of the above position we are constrained to hold that the instant case is not maintainable.
Hence, ordered,
That the complaint case no.330 of 2012 stands dismissed ex parte without cost.
Complainant is at liberty to agitate the issue before the appropriate Forum on the self same cause of action.
Supply certified copy of this order to the parties free of cost.
