Chandigarh

DF-II

CC/967/2019

Chaman Lal - Complainant(s)

Versus

Vodafone Idea Limited - Opp.Party(s)

Devinder Kumar Adv.

08 Jun 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	967/2019
Date of Institution	:	19.09.2019
Date of Decision	:	08.06.2020

 

                                       

                       

 

Chaman Lal s/o Sh.Ram Pal r/o H.No.389, Muhalla Dehra Sahib, Manimajra, UT, Chandigarh.

                                ...  Complainant.

Versus

 

1. Vodafone Idea Limited, C-131, Industrial Area, Phase-VII, Mohali-160071 through its Managing Director.
2. Vodafone Store, SCO 861, Near Housing Board Light, NAC, Manimajra, Chandigarh 160101 through its Branch Manager/Incharge.

…. Opp­osite Parties

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Devinder Kumar, Adv. for the complainant
	Sh.Sukhpreet Singh, Adv., Proxy for Sh.Vishal Gupta, Adv. for the OPs.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of the case as alleged in the complaint are that the complainant is a subscriber of post paid mobile phone connection No.9888475941 of the OP-Company. In November, 2018, he visited OP No.2 (store of OP No.1-Company) for change of plan i.e. from postpaid to prepaid connection which was assured to be down within a few days. He waited for a month but the OPs did not acceded to his request and as such he again approached OP No.2 on 27.12.2018 and made request for change of his mobile connection plan from postpaid to prepaid upon which OP No.2 sent e-mail-request to OP No.1.  Despite this, the mobile connection plan was not changed and therefore, he again visited OP No.2 on 29.01.2019 which sent e-mail/request to OP No.1 for converting mobile connection from postpaid to pre-paid.  Subsequently, the complainant received a legal notice from the OPs on 17.05.2019 (Annexure C-2) requiring him to pay the outstanding dues of Rs.1710/- whereas he had already been making request to them since November, 2018 for change his mobile connection plan. Left with no other alternative, he cleared the outstanding dues of the OPs and again made a request to OP No.2 for change of his mobile connection plan from postpaid to pre-paid.  He also deposited an amount of Rs.600/- against the mobile connection as directed by OP No.2 on 19.08.2018 and apprised the official of OP No.2 about his request for change of mobile connection plan from postpaid to pre-paid since November/December, 2018.  It has further been averred that the OPs have failed to change the mobile connection plan from postpaid to pre-paid despite his requests/visits. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.
2.         In their written statement, the OPs while admitting the factual matrix of the case have pleaded that the complainant has failed to pay the due amounts against the bill invoices dated 09.04.2019 & 09.05.2019 issued for the previous usage period and he was informed vide legal notice dated 17.05.2019 to clear the amount of Rs.1710/-. It has further been pleaded that when he requested for change of his plan from postpaid to prepaid, he himself failed to proceed with the requisite procedure for the change of the plan. He was asked to submit his details and documents after taking up with OP No.2 but he failed to provide the same.  It has further been pleaded that he has himself failed to clear all the dues chargeable till the date of his request for change of the plan for the previous period. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.         We have heard the counsel for the parties and have gone through the documents on record.
4.         After giving our thoughtful consideration, to the rival contentions, raised by the Counsel for the parties and the evidence, on record, we are of the considered opinion, that the complaint is liable to be accepted, for the reasons to be recorded hereinafter. It is evident from Annexure C-1 that the complainant had made requests twice to OP No.2  on 27.12.2018 to 29.01.2019 for change of his mobile connection plan from postpaid to pre-paid.  He had cleared the outstanding dues of Rs.1710/- as directed by the OPs vide its legal notice dated 17.05.2019. Thereafter on 19.08.2019 he again made a similar request to OP No.2 for change of his mobile connection plan from postpaid to pre-paid and even also deposited a sum of Rs.600/-  against receipt dated 19.08.2019 (Annexure C-3) as desired by OP No.2.    He also made a similar request to OP No.2 to 27.08.2019 (Annexure C-4). Despite all this, the OPs have   failed to accede to the genuine requests of the complainant.
5.        However in order to escape themselves, the OPs have taken a plea in their written statement that the complainant has failed to proceed with the requisite procedure for change of the plan. However we do not find any weight in this submission of the OPs because the complainant has already made repeated requests for change of his mobile connection plan from postpaid to pre-paid and also cleared the outstanding dues as demanded by the OPs but despite this, they have failed to change his mobile connection plan from postpaid to pre-paid due to which he had to invoke the doors of this Forum by filing present complaint against the OPs.  Even the OPs have not mentioned in the reply which procedure is required to be followed by the complainant for change of his mobile connection plan from postpaid to pre-paid.  Otherwise also, the OPs were in possession of all the necessary documents pertaining to the complainant while issuing the paid up connection. Thus, the OPs have committed deficiency in service as also unfair trade practice by not changing the mobile connection plan from postpaid to pre-paid despite his repeated requests.
6.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The Opposite Parties are directed to  immediately change the mobile connection plan of the complainant from postpaid to pre-paid. The OPs are also directed to pay a lump sum compensation of Rs.10,000/- to the complainant on account of mental agony, physical harassment and litigation  expenses.  This order be complied with by the Opposite Parties, within 30 days from the date of receipt of its certified copy, failing which the awarded amount shall carry interest @ 9% per annum from the date of this order till its actual payment.
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 08/06/2020	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER