DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC- 62 of 2019

 

 

1.  Sri Mridul Kanti Arya,

S/O. Sri Bhagirath Ch. Arya,

C/O.-Indra Mohan Debbarma,

A.A. Road, Radha Madhav Sarani,

Opposite of Tarun Sangha Club,

P.S.-East Agartala, P.O.-Dhaleswear,

Dist.-West Tripura,Pin-799007.…......…...........................Complainant.

 

 

     -VERSUS-

 

 

1. The Store Manager,

Vodafone Idea Limited(formerly Idea Cellular Ltd.),

An Aditya Birla Group & Vodafone partnership,

Mantri Bari Road,

Opposite Tanisq Showroom,

P.S.-West Agartala, Pin-799001,

Dist.-West Tripura,

 

2. The Zonal Manager,

Vodafone Idea Ltd.(formerly Idea Cellular Ltd.),

An Aditya Birla Group & Vodafone Partnership,

(CIN No.132100GJ1996PI C030976),

Near Nazareth Hospital,

Arbuthnot Road,

Laitumkhrah, Shillong,

Meghalaya, India, Pin-793003......................................Opposite parties.

 

      __________PRESENT__________

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SMT. DR B. PAL,

 MEMBER, 

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA

 

 

C O U N S E L

 

For the Complainants : In person.

For the O.Ps. : None appeared. 

 

JUDGMENT  DELIVERED  ON: 28/11/2019

J U D G M E N T

   The Complainant Sri Mridul Kanti Arya,,  set the law in motion by presenting the petition U/S 12 of the Consumer Protection Act, 1986 complaining deficiency of service committed by the O.Ps. 

2. The complainant's case, in brief, is that the Complainant by profession is an Advocate. He has been practicing as an Advocate at Agartala since 2010.  On 12/08/2019 while he was traveling from Mathchowmuhani to old Motor Stand he lost his mobile phone along with two sim cards bearing Nos.9863051979 & 7005234023. He blocked his idea post paid sim bearing No.9863051979 through Idea customer care from security  point of view.  On the next day i.e. 13/08/2019 he made one G.D. Entry in the East Agartala P.S. for recovery of his mobile set. Thereafter he went to the Vodafone Store at Mantribari Road, Agartala for taking one new sim card for his mobile bearing No.9863051979(Idea Post Paid) but no sim was provided to him from the Help Desk. He was told by the Help Desk that it would not be possible on their part to unblock the lost sim. The Complainant then returned home and  contacted with the customer care. He requested them to unblock his sim card from another Idea number but the customer care told him that only the Vodafone Store can unblock the said sim. The Complainant again went to the Vodafone Store where he was again told that unblocking the sim card can only be done by the Customer Care. Thereafter the Complainant sent one E-mail to the Vodafone Customer Service wherein he specifically stated the whole facts. On the next day i.e. on 14/08/2019 he again contacted with the customer care. This time one executive of the Customer Care unblocked the sim within 2 minutes after verification of his name, address etc. The Complainant then went to Vodafone Store and requested them to provide him a new sim card. He was then told that for  processing the new sim one OTP would be generated in the alternative No. of the Complainant. As the alternative post paid Idea sim of the complainant was in dormant condition for last 4 years and the same being disclosed to the staff of the Vodafone store they advised the complainant to activate the said alternative Vodafone No. 97741412603 for generating the OTP.

  Having no other alternative the complainant was forced to go for activation of the   alternative number of Vodafone post paid by paying an amount of Rs.650/- as 2 months advance bill. But the complainant was not given  any memo for acknowledging the payment of Rs.650/- made by him. The mobile No.9863051979 was however activated.

The complainant alleged that due to the negligence of Vodafone store & the Customer Care of the Idea Vodafone Service, Sim was delivered to the Complainant after two days. Moreover he was forced to pay Rs.650 for activation of his alternative no. which was in dormant condition for last 4 years.

For the deficiency of service of the O.Ps. the Complainant claimed Rs.81,000/- as compensation from them. 

Based on the complaint notices were sent to the O.P. Nos.1,2&3 from the Forum. The O.P. No.1 has refused to receive the notice. The refusal on the part of the O.P. No.1 in accepting the notice amounts to service of the notice. So as per order dated 19/09/2019 the case proceeded exparte against the said O.P. Notice issued to the O.P. No.2  by speed post has not been returned but Dealing Assistant of the Forum has collected track consignment report of the India Post wherein it reveals that the notice was duly delivered to the O.P. No.2. The O.P. No.2 was however given opportunity to file W.O. but the said O.P. did not turned up before the Forum. On 04/10/2019 this Forum passed order to proceed with the case exparte against the said O.P. Notice issued to the O.P. No.3 by speed post has been returned without service. On 04/10/2019 a petition was filed by the Complainant praying for deletion of the O.P. No.3. The prayer was allowed. Consequently,  the name of the O.P. No.3 stood deleted. 

The Complainant submitted Examination-in-chief by way of Affidavit  on 07/11/2019 and he also filed 02(two) documents by a Firisti dated 17/08/2019. Those documents are  G.D. Entry dated 13/08/019 &  one E-mail dated 13/08/2019.

       The Complainant was examined on 07/11/2019. As the case proceeded exparte the Complainant was discharged without any cross examination. Evidence of the Complainant side was closed. 

5.      We have gone through the complaint and the evidence adduced by the Complainant. We have also heard arguments from the Complainant. The Complainant in his complaint petition sought for compensation of Rs.81,000/- under different heads such as Rs.20,000/- as financial loss, Rs.30,000/- for negligence & deficiency of service, Rs.15,000/- for  causing mental harassment pain and agony, Rs.15,000/- as legal expenses & Rs.1,000/- as travel fair. 

      We find that the complainant in his evidence-in-chief repeated the same facts as he had stated in his complaint. As the Complainant by profession is an Advocate so mobile phone plays a vital role in his professional activities and the delay in providing the new sim card to the Complainant by the O.Ps. definitely caused financial loss to his profession. The O.Ps. were negligent to provide their services to the present Complainant and they committed delay for rendering services to him. Hence, we are of the considered opinion that this is a case of deficiency of services on the part of the O.Ps.  towards the Complainant. 

6.      The complainant according to us has succeeded in establishing his case U/S 12 of the Consumer Protection Act, 1986. We therefore direct the O.Ps. to pay Rs. 5,000/- for professional loss, Rs.5,000/- for causing mental pain and agony and Rs.3,000/- for litigation cost. The O.Ps. are also directed to return Rs..650/-(charges levied on for activation of the alternative sim card Vodafone No.97741412603). In total the Complainant is entitled to get Rs.13,650/-(Rs.5,000/- + Rs.5,000/- + Rs.3,000/- + Rs.650/-).  The O.P. Nos. 1&2 are jointly and severally liable to pay the aforesaid amount of Rs.13,650/- to the Complainant.   The  payment is to be made within 2 months. Unless it is paid within 2 months it will carry interest @9% P.A  till the payment is made in full.                              

 

 

ANNOUNCED

 

 SRI BAMDEB MAJUMDER

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA

 

 

 

SRI U. DAS

MEMBER,

DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

 WEST TRIPURA,  AGARTALA.

 

 

SMT. DR B. PAL,

 MEMBER, 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA