Order by:

Smt.Priti Malhotra, President

1.       The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 stating that the complainant is the consumer of Opposite Party No.1 and had purchased a post paid SIM/Connection no.78378-33120 from Opposite Parties No.2 & 3. The complainant used the above said post paid connection for his business purposes and used to call various people and received the calls. Alleged that Opposite Parties issued a bill of above said SIM for the month of May, 2024 for Rs.743/- and the complainant paid the same through G-Pay on dated 18.05.2024 vide UPI transaction ID No.413970154144. Alleged further that in the month of May, 2024, the Opposite Parties disconnected the Vodafone SIM of the complainant and when the complainant inquired the matter from the Opposite Parties No.2 & 3, they informed that the complainant has not paid the bill of that SIM that is the reason of disconnect. The complainant told them that he has already paid the bill on dated 18.05.2024 and shown the transaction slip to them and also requested to them to resolve the matter and to reconnect the SIM, but they did not bother to the request of the complainant and failed to resolve the matter. Due to such act and conduct of the Opposite Parties, the complainant has suffered mental tension and harassment. The complainant also sent a legal notice dated 17.06.2024, through counsel to the Opposite Parties, but to no effect. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Parties may be directed to reconnect the post paid SIM/Connection of the complainant.

b)      To pay an amount of Rs.1,00,000/- as damages for loss in business.

c)       To pay Rs.25,000/- as compensation for mental tension and harassment.

d)      To pay Rs.25,000/- for deficiency in service and unfair trade practice.

e)       To pay Rs.11,000/- as litigation expenses.

f)       And any other relief which this Commission may deem fit and proper be granted to the complainant in the interest of justice and equity.

2.       Notices of the complaint was duly sent to Opposite Parties, but despite service of notices, none appeared on behalf of Opposite Parties. As such, Opposite Parties were proceeded against exparte vide order dated 21.10.2024 and 05.11.2024 respectively.

3.       In order to prove the case, the complainant has placed on record his affidavit as Ex.C1/A alongwith copies of documents Ex.C1 to Ex.C4.

4.       We have heard the complainant in person and carefully gone through the record.

5.       The case of the complainant is that he is using the SIM of Opposite Party Company bearing no.78378-33120. In the month of May, 2024, Opposite Parties raised a bill of Rs.743/- against the said number, which was duly paid by the complainant, through google pay, vide UPI transaction ID No.413970154144 dated 18.05.2024 and placed on record copy of the said transaction, which is Ex.C1. The only allegation of the complainant is that despite paying the bill with regard to his SIM/connection, the Opposite Parties disconnected the connection of the complainant. It is also proved on record that for the redressal of his grievance, he also issued a legal notice to the Opposite Parties with a request to reconnect the connection of the complainant, but Opposite Parties failed to do so.

6.        To corroborate his aforesaid assertion, the Complainant has placed on record his duly sworn affidavit Ex.C1/A alongwith copies of documents Ex.C1 to Ex.C4. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite parties did not opt to appear and contest the proceedings. In this way, the Opposite parties have impliedly admitted the correctness of the allegations made in the complaint. Moreover, there is nothing on record revealing that why the Opposite Parties disconnected the connection of the complainant.

7.       So, from the entire unrebutted and unchallenged  evidence produced by the complainant on record, it stands fully proved on record that  the Opposite parties wrongly and illegally disconnected the connection of the complainant. The deficiency in service coupled with unfair trade practice is resorted to by the Opposite Parties is proved on record.

8.       In view of the aforesaid facts and circumstances of the case, we allow the present complaint in part and direct the Opposite Parties to restore the mobile connection bearing no.78378-33120 of the complainant. Opposite Parties are also directed to pay compository costs of Rs.2000/-(Rupees Two Thousand only) as compensation and litigation expenses to the complainant. Compliance of this order be made by the Opposite Parties within 30 days from the date of receipt of the copy of this order, failing which, the Opposite Parties are burdened with additional cost of Rs.1,000/- (Rupees One Thousand only) to be paid to complainant for non compliance of the order.  Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.