Haryana

Karnal

CC/564/2021

Aman Sharma - Complainant(s)

Versus

The Manager, Vodafone Idea Limited - Opp.Party(s)

Mukesh Talwar

22 Nov 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No. 564 of 2021

                                                        Date of instt.08.10.2021

                                                        Date of Decision:22.11.2022

 

Aman Sharma son of Shri Harmesh Chander, resident of house no.370, Tikri Kailash Road, Basant Vihar, Gali no.3, Karnal.

                                               …….Complainant.

                                              Versus

 

1.  The Manager, Vodafone, Idea Limited, plot no.173, Sector-3, HSIIDC, Industrial Area, Karnal.

 

2.     The Manager, Vodafone Idea Limited, C-105, Industrial Area, Phase-7, Mohali, Punjab Pin:160055.

 

3.     The Manager/Owner, Sunrise Communication, SCO 93, Mughal Canal, Karnal.

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri Mukesh Talwar, counsel for the complainant.

                    Opposite Parties exparte.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that in the month of October, 2019, complainant purchased a premium number 7537944000 from one Mr. Gaurav (Mobile no.8708818938), who deposed himself to be a representative of OP’s company. The complainant provided his Aadhar card and a passport size photo to said Mr. Gaurav and got the abovesaid number ported to OPs company. The SIM Card issued at the time of purchase got damaged and the complainant with an intention to get a duplicate SIM Card issued, contacted OP no.3, the authorized store, Sunrise communication, SCO 93, Mughal Canal, Karnal on 25.06.2021. On the request of the official of said authorized store, complainant provided his Aadhar card as document for issuance of the duplicate SIM Card. As per the requirement, the live photo of OPs’ company was clicked by the said official of the store and request was forwarded to the office of OPs no.1 and 2 for issuance of the duplicate SIM Card. The complainant was surprised to see when OP no.3 told that his request has been declined. Complainant again visited the store of OP no.3 for the issuance of the duplicate card on 28.06.2021. Complainant again provide the required documents and got his live photo clicked at the store but this time also the request of complainant for the issuance of Duplicate Sim Card was declined by the OPs no.1 and 2.  When complainant asked the reason for reason for declining of the request then OP no.3 told that the live picture does not match with the picture, so provided at the time of getting the connection/Sim card issued at the initial stage. The complainant used the abovesaid number for business purpose and now he cannot use the same due to the non-issuance of the duplicate sim card on the lapse of the part of the OPs. Due to this reason, complainant is suffering big loss. Then complainant sent a legal notice dated 07.07.2021 to the OPs but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs no.1 and 2 did not appear and opted to be proceeded against exparte, vide order dated 14.03.2022 and 12.04.2022 respectively of the Commission.

3.             Initially, Shri Kapil Sachdeva, owner on behalf of OP no.3 appeared and case was adjourned for filing written version of OP no.3. Thereafter, none has put into appearance on behalf of OP no.3 and opted to be proceeded against exparte, vide order dated 12.04.2022 of the Commission.

4.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of phone number ownership detail Ex.C1, copy of online recharge slip of phone no.7537944000 and closed the evidence on 13.07.2022 by suffering separate statement.

5.             We have heard the learned counsel for the complainant and have gone through the case file carefully.

6.             Learned counsel for complainant, while reiterating the contents of complaint has vehemently argued that in the month of October, 2019, complainant purchased a premium number 7537944000 from one Mr. Gaurav, who deposed himself to be a representative of OPs’ company. The complainant provided his Aadhar card and a passport size photo to said Mr. Gaurav. The SIM Card issued at the time of purchase got damaged and the complainant to get a duplicate SIM Card, contacted OP no.3 on 25.06.2021. On the asking of said authorized store, complainant provided his Aadhar card and live photo as document for issuance of the duplicate SIM and OP no.3 forwarded his request to the office of OPs no.1 and 2 but the request of complainant request has been declined. Complainant again visited the store of OP no.3 for the issuance of the duplicate card on 28.06.2021 and complainant again provide the required documents and got his live photo clicked at the store but this time also the request of complainant was declined by the OPs no.1 and 2 on the ground tha the live picture does not match with the picture, so provided at the time of getting the connection/Sim card issued at the initial stage. The complainant used the abovesaid number for business purpose and now he cannot use the same and due to the non-issuance of the duplicate sim card, complainant is suffering big loss and lastly prayed for allowing the complaint.

7.             To prove his case, complainant has relied upon  his affidavit Ex.CW1/A, copy of phone number ownership detail Ex.C1, copy of online recharge slip of phone no.7537944000

8.             It is evident from the phone number ownership detail Ex.C1, the complainant is having the phone no.7537944000. It is also evident from online recharge slip of no.7537944000 the said number was in the possession of complainant. As per version of the complainant, OPs did not issue the duplicate sim on the ground that live picture does not match with the picture of the initial sim card. OPs have failed to explain any sufficient reason for mismatching of photographs.

9.             To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Hence the evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same. It was the duty of the OPs, on receipt of relevant documents, to issue the duplicate sim card to the complainant but OPs have failed to do so. Hence the act of the OPs amounts to deficiency in service and unfair trade practice.

10.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to issue a Duplicate Sim of premium no.7537944000 to the complainant. We further direct the OPs to pay Rs.3,000/- to the complainant on account of mental agony and harassment suffered by him and Rs.2200/- for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:22.11.2022

                                                                       

                                                                                               

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

 

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

                    Member                         Member

Sushma

Stenographer