Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.05.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay Rs. 3,00,000/- as compensation.
- To direct the opposite party to pay Rs. 10,000/- (Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he is subscriber of Mobile Nos. 9798694555, 9798594666, 9798033357 and 6123126066. The aforesaid mobile nos. were never used by the complainant either to disturb or irritate any person or for transmission of any message of obscene nature either to annoy a person or disturb order. The complainant has discharged all the obligations as prescribed under relevant act and rules.
The complainant filed an application for post paid connection to the opposite party which was accepted by opposite party no. 1 and as such the complainant was provided the post paid connection being mobile nos. 9798694555, 9798594666, 9798033357 and 6123126066.
The complainant has also stated that despite providing the post paid connection, the opposite party never provided smooth facilities and communication system as announced by way of advertisement by them. The complainant continued to pay regular bill even though the mobile phone service were disconnected without serving any notice to the complainant and his request to opposite party no. 3 for restoring the service has failed.
It is also the case of the complainant that as the complainant was facing regular network coverage problem with opposite party post paid connection, he lodged complaint with Reliance Customer Care several times.
Thereafter the opposite party no. 1 sent an E mail to the complainant on 15.12.2010 stating therein that complainant’s E Mail regarding network coverage issue of his Reliance GSM Numbers has been forwarded to Customer Care team of GSM and one of executive will be in touch with the complainant shortly. The aforesaid E Mail has been annexed by complainant as annexure – 1.
The complainant was also not provided the benefit of the scheme announced by the company and as such on 02.01.2011he sent an E Mail vide annexure – 2 to Reliance Cum Customer Care and requested to close all his post paid connections but the aforesaid connections has not been closed.
The grievance of the complainant is that despite his request to opposite party vide annexure – 2 to close his post paid connections, the same has not been closed while complainant has paid entire amount bill issued even in the month of March. The complainant has sent application dated 11.07.2011 to opposite party no. 2 and 3 vide annexure – 3 and requested them to take appropriate steps for resolving the problem i.e. network coverage and disconnection of mobile services but nothing has happened.
It appears from the record that the opposite parties have filed vakalatnama on 28.05.2012 but they have not filed written statement for best reason known to them and as such this case was heard in absence of opposite party.
It is needless to say that the complainant has asserted the entire facts on affidavit hence we are bound to rely on the facts asserted by the complainant in the complaint petition which certainly disclose deficiency on the part of opposite parties. As the opposite parties have not filed written statement despite filing Vakalatnama hence there is no counter version of the fact asserted by the complainant.
Hence we direct the opposite parties jointly and severally to pay Rs. 1,00,000/- to the complainant by way of compensation and litigation costs within the period of two month.
Accordingly this complaint stands allowed to the extent indicated above.
Member President
