Chandigarh

DF-II

CC/717/2018

Raj Arora - Complainant(s)

Versus

Vodafone Idea limited - Opp.Party(s)

In Person

11 Jul 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Consumer Complaint No.	:	717/2018
Date of Institution	:	14.12.2018
Date of Decision	:	11.07.2019

 

 

        

Raj Arora son of Sh.Sangat Ram Arora r/o H.No.1162, First Floor, Sector 37-B, Chandigarh.

                 ...  Complainant.

Versus

 

1. Vodafone Idea Ltd., SCO 495-96, Sector 35-C, Chandigarh -160036 (Supplier).
2. Vodafone Idea Ltd., C-105, Industrial Area, Phase-VII, Mohali-160055, Punjab (Punjab Regional Office).
3. Vodafone Idea Ltd., (formerly Idea Cellular Ltd.), An Aditya Birla Group and Vodafone Partnership, Suman Tower, Plot No.18, Sector 11, Gandhinagar-382011 (Regd. Head Office).
4. Vodafone Idea Ltd., 8^th Floor, The Birla Centurion Plot No.794, B Wing, Pandurang Budhkar Marg, Worli, Mumbai-400030 (Corporate Office).

…. Opposite Parties.

 

BEFORE:  SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by:-

         Sh.Preeti Sharma, Authorized Agent of the           complainant

         Ms.Ramneet Bakshi, Adv. for the OPs.

 

PER RAJAN DEWAN, PRESIDENT

1.     Briefly stated, the case of the complainant is that he purchased Idea Postpaid mobile number 9914141119 from Idea Store in Sector 37, Chandigarh in 2008. He suffered stroke in the years 2009 & 2012 and therefore, he gave the above idea number to his son namely Dr.Vaibhav Raj from November, 2009 and he is using the number aforesaid as his primary number since then. The complainant gave him the authority to use the number and engage with anybody on his behalf for any concern related to the number. It has further been averred that Dr.Vaibhav Raj visited USA from 23.10.2018 to 31.10.2018 and for that purpose he activated the international roaming on the idea connection on 21.10.2018.  The said number is the only number that is registered with all the bank accounts/email address of his son- Dr.Vaibhav Raj.  However, the said Idea number did not work despite using the same in a triband handset and in the settings options also, there was only one option i.e. automatic and as such a complaint was registered by his son and the complaint No.18906083532 was given. He was told to wait for 2 days for resolution but the issue was not resolved even after his repeated requests throughout his tour to USA. Dr.Vaibhav Raj did not even receive a complaint number on his e-mail and he could not use the bank account for any transaction neither could access any of his e-mails and he could not even book any cab or use any google map using the idea number.  It has further been averred that he only carried US$ 1000 in cash as he was having debit cards for additional expenses.  It has further been averred that due to his inability to use his bank funds, he could hardly even manage his meals in a day and he was completely out of cash while he was in USA.  It has further been averred that when his son reached India on 01.11.2018, the number started working once he got off the flight at New Delhi. According to the complainant, the OP was so non-professional and unauthentic that they did not even bother to call his son.  On 08.11.2018, the complainant’s son narrated the gross inconvenience and loss that he had to suffer due to OPs poor services and asked for compensation and resolution of the grievance to which he received complaint No.119399063473 from the Idea and he was assured to get the resolution within three days but to no effect.  In the bill received on 23.11.2018, the OPs billed the complete charge for international roaming. According to the complainant, the OPs did not have so much of genuineness to at least waive of the charges for the service which they could not provide despite repeated complaints.  Dr.Vaibhav Raj lodged the complaint at the National Consumer Helpline in the first week of December 2018 under complaint No.103893 and also sent an e-mail to the OPs in the first week of December, 2018 to which they did not give any authentic and satisfactory reply.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OPs, the complainant has filed the instant complaint.
2.     In their joint written statement, the OPs have admitted that the complainant had purchased the Idea post-paid mobile number in 2008. It has further been pleaded that on the request of the subscriber, the intentional roaming facility was activated on the said number without any activation charges.  It has further been pleaded that the subscriber of the number was using a “Nokia Lumia 510” handset.  It has been denied that the settings option had only one option i.e. automatic rather the mobile phone had both the options in the settings menu i.e. automatic and manual.  A copy of the Nokia Lumia 510 user guide downloaded from the website is attached as Annexure OP-4.   It has further been pleaded that there was a complaint received qua the said number on 24.10.2018 regarding “international roaming voice connectivity issue”, the same was with a Sr.No.S1-118906083535 and not S1-118906083532 as alleged.  The snap shot showing the generation of the complaint is attached as Annexure OP-5 and the snap shot showing the resolution of the said complaint is attached as Annexure OP-6.  It has been denied that the OP cheated the complainant by issuing bill dated 23.11.2018 as the details of the bill were duly explained to him vide e-mail dated 06.12.2018. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.     The complainant filed rejoinder to the written reply of the Opposite Parties controverting their stand and reiterating his own.
4.     We have heard the authorized representative of the complainant, learned counsel for the OPs and have gone through the documents on record.
5.     After hearing the rival submissions of the parties and evidence on record, we are of the considered view that the complaint is liable to be dismissed for the reasons stated hereinafter.
6.     The grouse of the complainant is that his son namely Dr.Vaibhav Raj got activated the international roaming on the idea connection bearing No.9914141119 on 21.10.2018 for his trip to USA from 23.10.2018 to 31.10.2018. However, the said connection/mobile number did not function despite using the same in a triband mobile handset and in the settings option also, there was only one option i.e. automatic. It has further been pleaded that a complaint was raised in this regard to the OPs but they failed to resolve the issue due to which Dr.Vaibhav Raj had to suffer mental agony and harassment due to non-connectivity of the mobile phone.
7.     Per contra, the case of the OPs is that they have activated the international roaming facility on the mobile phone of the complainant without any activation charges and to prove the same, the OPs have placed on record snap shot as Annexure OP-2 showing the said activation and zero activation charges.   To rebut the plea of the complainant that Dr.Vaibhav Raj was not using the triband mobile handset, the OPs have placed on record snap shot (Annexure OP-3) to show that Dr.Vaibhav Raj was using the mobile phone make Nokia Lumia 510 having options of automatic and manual both.  This fact finds corroboration from the snap shot (Annexure OP-3)   placed on record by the OPs.
8.      As regards the plea of the complainant is that there was only option i.e. automatic in the mobile phone used by his son is concerned, the same is negated by the OPs by placing on record the photocopy of User Guide of Nokia Lumia 510 downloaded from the website as Annexure OP-4 to show that the mobile phone in question was having two options i.e. automatic and manual and it was for the user to select the right option in the mobile phone to activate the international roaming facility.
9.     Besides this, the OPs have clearly submitted in the reply that though there was a complaint received qua the said number on 24.10.2018 regarding “international roaming voice connectivity issue”, the same was with a Sr.No.S1-118906083535 and not S1-118906083532 as alleged and this fact finds corroboration from the snap shot placed on record as Annexure OP-5 showing the generation of the complaint. Besides this, the OPs have also placed on record the snap shot showing the resolution of the said complaint as Annexure OP-6. Keeping in view of the above findings, we are of the considered view that the complainant has failed to make out any case of deficiency in service against the OPs and as such the complaint deserves to be dismissed.
10.     For the reasons recorded above, the complaint being devoid of any merit, is dismissed with no order as to costs.
11.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

11/07/2019                                    sd/-

  (RAJAN DEWAN)

PRESIDENT

sd/-

(PRITI MALHOTRA)

MEMBER

sd/-

(RAVINDER SINGH)

MEMBER