Date of Filing : 19/06/2014
Order No. 12 dt. 29/11/2017
Fact of the case in brief according to the complainant is that the complainant purchased two Indonesia Bali (international) sim cards to be used in the mobile ( Mob no.089603007112) of the complainant and in the mobile ( Mob no.089603007294) of his wife, where data pack was duly activated. The sim cards were purchased from M/s Matrix Cellular Pvt Ltd for trip to Bali with his wife from 10.12.2013 to 15.12.2013. Complainant alleged that the Sim card retained with his mobile had not been activated though complainant specifically asked the o.p. to activate both the SIM card with data pack. After returning from Indonesia they came to know that a bill was raised in favour of his wife by misspelling her name as Neena Kumari Kedia in place of Mrs Neha Kumari Kedia having serial no. MIND 3365933 dated 09.01.2014 amounting to Rs.54,525.72 and another bill was also raised in favour of the complainant amounting to Rs.1,634.70. In respect of the former bill complainant raised strong objection and wrote a letter dated 27.02.2014 alleging deficiency in service on the part of the o.ps. But o.p. did not respond to this allegation. Finding no other alternative complainant lodged this complaint praying with the direction upon the o.ps to apologize for the inconvenience caused to the complainant and to correct the bill and refund the amount along with compensation of Rs.10,000/- for mental agony and litigation cost of Rs.1,000/-.
O.p.s contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant and his wife Mrs Neena Kumari Kedia alias Neha Kumari Kedia had approached the o.p. on 03.12.2013 to procure two international SIM Card and wished to obtain data pack only on the sim taken by him for his own use. Accordingly o.p. gave two sim cards one to the complainant and the other to his wife. The 1st sim card was installed in Mobile No.89603007112 where data pack was duly activated. The 2nd one was installed in Mobile No.89603007294 where data pack was not activated according to the instruction of the complainant. It is pertinent to mention that all international simcards issued by the o.p. are automatically enabled to access internet through GPRS. If any customer without availing a data pack access the internet then the same is charged as per the tariff of the international mobile network and the beneficial rate of data pack are not made available. In the instant case both the sim cards were given to the complainant and his wife on rental basis and the complainant and his wife had signed two customer agreement forms separately and in triplicate. At all material times the complainant and his wife were fully aware of the tariff, terms and conditions governing the usage the said connection. Again in the instruction sheet pertaining to the sim card and endorsement data was made making it clear that data pack was activated on the said sim card as instructed by the complainant. Whereas there is no such endorsement in respect of his wife’s sim card making it clear that data pack was not activated on the said sim card. Therefore nonactivation of one of the sim card was well within their knowledge. According to the terms and conditions governing the usage and tariff of the said connection o.p. raised two bills the 1st one amounting to Rs.1634.70 and the 2nd one amounting to Rs.54,525.72. As such complainant had admitted availing of the o.p’s service in respect of which the said bills were raised. It is pertinent to mention that complainant had not made any payment till date and made the instant complaint only to evade the liability of paying the dues. The instant complaint is wholly misconceived, groundless and unsustainable and thus it is to be dismissed.
On the basis of the pleadings of the respective parties following points are to be decided:-
- Whether there was any deficiency in service on the part of the o.p.s ?
- Whether the complainant will be entitled to get the relief as prayed for ?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant submitted that Complainant and his wife vehemently denied that they ever signed the Customer Care Forms. They added that the signature on the said documents might be forged. Complainant affirmed that his wife was never involved for the procurement of any of the sim card.
Ld. Lawyer for op argued that all international sim cards issued by the o.p. are automatically enabled to access internet through GPRS. If any customer without availing a data pack access the internet then the same is charged as per the tariff of the international mobile network and the beneficial rate of data pack are not made available. In the instant case both the sim cards were given to the complainant and his wife on rental basis and the complainant and his wife had signed two customer agreement forms separately and in triplicate. Complainant were fully aware of the tariff, terms and conditions governing the usage the said connection. Non activation of one of the sim card was well within their knowledge. According to the terms and conditions governing the usage and tariff of the said connection o.p. raised two bills the 1st one amounting to Rs.1634.70 and the 2nd one amounting to Rs.54,525.72. It is clear from the Bill No.MIND3365933 dated 09.01.2014 in respect of Mobile no.89603007294 raised upon the complainant’s wife, that she had used data services on her number despite being fully aware that data pack had not been activated on her number as per their instruction
As such complainant had admitted availing of the o.p’s service in respect of which the said bills were raised. It is pertinent to mention that complainant had not made any payment till date and made the instant complaint only to evade the liability of paying the dues.
Considering the submissions of the respective parties it is an admitted fact that the complainant purchased two international sim cards for use in Mob no.089603007112 & Mob no.0896030072294 out of which one of the sim was activated with datapack. The sim cards were purchased from M/s Matrix Cellular Pvt Ltd for trip to Bali with his wife from 10.12.2013 to 15.12.2013 after the marriage ceremony held on 06.12.2013 whereas customer agreement form were sent through mail on 4th December 2013. Complainant has failed to prove the absence of his wife in the said transaction by any tangible evidence or convincing reasoning towards establishing deficiency in service/utp on the part of the op. It is also an admitted fact that one of the Sim card had been activated though complainant submitted that he asked the o.p. to activate both the SIM card with data pack. After returning from Indonesia they met with two bills both dated 09.01.2014 amounting to Rs.54,525.72 and Rs1634/-. According to the terms and conditions governing the usage and tariff of the said connection o.p. has raised two bills one of which is exorbitently high in respect to other one amounting to Rs.1634.70 & another amounting to Rs.54,525.72. However, it is pointed out by the op that complainant had not made any payment till the date of lodging this complaint. Moreover, the bill of Rs 54525.72 were objected by the complainant by saying that it was much in excess of what was legally due. Complainant has failed to point out any discrepancy i.r.o usage charges under bill in question during the period of using the mob set abroad. Complainant raised question against consideration. Question against consideration is solely a matter of the complainant himself. No body will act in favour of the consumer in respect of consideration of price unless any standard reference is brought aside against price calculation. Complainant did bring no such references on the basis of which the bill raised by the o.p. amounting to Rs.54,525.72 can be objected. on this score the allegation of complainant against the consideration stands defeated.
With the above points in view we hold that there is no deficiency in service/unfair trade practice on the part of the o.ps. Therefore, complainant is not entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, it is ordered,
that the case .CC no.414 of 2014 is dismissed on contest without cost against ops
Supply certified copy of this order to the parties free of cost.
