The case of the complainant, in a nutshell, is that the complainant is a businessman who purchased one Vodafone Sim Card Bearing No. 9093966296(Prepaid) after furnishing his all documents for use of his own purpose. Thereafter he changed his Vodafone from prepaid to postpaid on 30/09/2017. The complainant received a message from the O.P that his mobile connection will be closed due to unpaid mobile charge on Mobile No. 7797585897. The complainant has only one mobile connection that is number 9099366396 which the complainant used always and the complainant did not use any time or connect Mobile No. 7797585897 which is totally false and concocted and unknown numbers. The O.P illegally and without proper inquiry and stopped the connection on 22/09/2017.
Thereafter, the complainant informed the matter in writing to the O.P No. 1 on 30/10/2017. On several occasions the complainant requested the O.P No. 1 to open our connected this said Vodafone Mobile Number. The complainant has also paid his postpaid charge regularly on his Mobile No. 9093966296 but the O.P connected the complainant mobile one way only for incoming connection and did not stop the same till now. Thereafter, the complainant served a letter to O.P No. 2 on 09/07/2018 by registered post with a request to open the outgoing connection but the O.P did not pay any heed. As a result the complainant did not get proper service but due to illegal charge he is being deprived from the O.P due to their illegal act.
Hence, this case has been filed by the complainant with a prayer to direct the O.P to open outgoing connection to his Mobile Number and to withdraw the illegal charge / dues on the Mobile No. 7797585897. The complainant has also prayed for to direct the O.P to pay Rs. 50,000/- towards compensation for causing harassment and also to pay Rs. 10,000/- towards litigation cost from the O.P.
In the instant case, the O.P No. 2 has received the notice of this case but he did not turn up before this Forum to contest the case. As such the case against him has been proceeded ex-parte. It also appears from the record that the notice was sent to O.P No. 1 but the same has been return un-served with remarks (left) and as per prayer of the complainant the case against O.P No. 1 has been expunged (vide Order No. 8 dated – 30/05/2019).
In support of the case the complainant has filed evidence-on-affidavit. The complainant did not file any written argument and as per prayer the evidence filed by the complainant was treated as written argument. Complainant has also filed some documents with firisty.
We have heard argument from the side of complainant and also perused the material on record very carefully.
In this context, the following issues are necessarily come up for consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act ?
- Has this Forum jurisdiction to entertain the instant case?3.
- Have the O.Ps any deficiency in service as alleged by the complainant?4.
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS
Considering the nature and character of the case all the points are interlinked to each
other as such all the points are taken up together for consideration for the sake of brevity and convenience.
On perusal, it reveals that the complainant has purchased one Vodafone Sim Card No. 9093966296 after furnishing all documents for his own use from O.P No. 1 and he charged the said Sim Card from Prepaid to Postpaid and thereafter, the said connection was closed on 22/09/2017. The complainant wrote a letter to the O.P No. 1 / Store Manager, Vodafone Store, Alipurduar intimating the said fact. The O.P No. 1 has received the said letter on 03/10/2017. Considering this aspect the complainant become a bona-fide consumer under the O.Ps.
The complainant is a resident of Vill. & P.O. - Salsalabari, P.S. & Dist. Alipurduar and the office of the O.P No. 1 also situated at Madhab More, Alipurduar, P.O., P.S. & Dist. – Alipurduar is also situated at Alipurduar at the time of filing of this case which was within the territorial jurisdiction of this Forum. The claim amount is also less than the pecuniary limit of this Forum. So, we find and hold that this Forum has ample jurisdiction to entertain the instant case.
On perusal of the documents as per firisty of the complainant, it is appeared that the complainant is the owner of prepaid mobile phone no. 9093966296. Despite receipt of summons none-appeared on behalf of the O.P No. 2 and none-contested this case. The documents of the complainant lead us to presume that the complainant has been able to prove his case ex-parte resulting which we hold that there is deficiency in service on part of the O.P(s).
Considering positive results of the discussed points point no. 4 also bears positive result and that should be reflected in the ordering portion.
O.P No. 1 is exempted from responsibility for making payment since it has been exempted on prayer of the complainant.
Thus all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice; it is;-
ORDERED
that the instant case be and the same is allowed ex-parte with costs against the O.P No. 2. The complainant Sri Chiranjib Chakraborty do get a decree amounting to Rs. 20,000/- for his mental agony and sufferings + Rs. 10,000/- as litigation costs against the O.P. No. 2. The O.P No. 2 is hereby directed to pay the total decreetal amount of Rs. 30,000/- to the complainant. The concerned authority of O.P No. 2 is hereby further directed to open the outgoing connection to the complainant’s Phone No. 9093966296 and withdraw the illegal due charge on Mobile Phone No. 7797585897 within 30 days from this day also. Failing in compliance with this order the complainant will be at liberty to put this decree into execution according to law.
In case of realization of the decreetal dues through execution the complainant be entitled to 10% interest per annum on the decreetal dues from the date of filing of this case from 30/11/2018 till liquidation of the entire decreetal dues and the authority of O.P. No. 2 shall have to pay Rs. 50/- fine per-day to the complainant if fails to open the outgoing connection to the complainant’s Mobile Phone No. 9093966296 and if fails to withdraw the illegal due charge on Mobile Phone No. 7797585897 within 30 days from this day.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
