This case has been filed U/s.12 of the Consumer Protection Act, 1986 filed by the complainant that he maintaining a Vodafone Mobile No. 9874304537 w.e.f 2007 but suddenly on 20^th November. 2018 the above SIM card suspended without any information and then he visited opposite party to know the reason of suspension of SIM Card and opposite party replied that at present his documents mismatch which he gave before. Then opposite party gave suggestion verbally for post paid connection to get previous number and matched the documents and then he take post paid connection Rs. 199.00 vide invoice no. 12BNWB1180031495 dt. 21^st November, 2018. The complainant also states that he discussed the matter with another Vodafone Customer and taking his advise he contacted with Customer Care and the Customer Care informed that this matter is only recharge Rs. 35.00 to active the phone number and after that he visited the opposite party to discuss the process of to keep the previous Mobile Number and op gave the Email ID for communication as well as solution the matter.

The complainant also states that he communicated on 23.11.2018 by Email for taking the actual reason of suspension of SIM Card and requested to inform the actual procedure to keep the previous Mobile Number by which he will avoid harassment but on behalf of opposite party, Ayan Datta replied that the matter forwarded to concerned Department for necessary validation and will get reply within 3 working days and said that the complainant migrated the SIM Card for own interest.

            The complainant also states that he compelled to take post paid connection when there is no option before 3 months to activate the previous Number according to the suggestion of opposite party and he raises two questions to the op that-

1. What was actual reason of suspension of SIM Card?
2. Actual procedures to get/to keep the previous Number?

and opposite party has not given reply to him queries which he informed to the opposite party on 3^rd December, 2018.

Having no other alternative complainant filed the complaint petition praying before the Forum with a direction upon the opposite party to get previous Phone Number i.e. 9874304537 and to pay sum of Rs. 50,000/- as compensation due to mental torture, hamper Banking transaction, Gas booking, Personal & Official Phone conversation, Deposit Electric and other expenses.

Issues/points for consideration

1. Whether the complainant is the consumer of the opposite party or not?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether there is any deficiency of service on the part of the opposite party?
4. Whether the complainant is entitled to get relief or not?

DECISIONS WITH REASONS

All the points are taken together for easiness of the discussions of this case.

1. In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986, the complainant here in is a consumer of the opposite party.
2. Both the complainant and the opposite party are residence/having their office addresses within the district of Hooghly. For mental agony and other expenses which is within Rs. 20,000,00/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
3. The complainant states that the complainant is a Govt. employee and maintains a Vodafone mobile being no. 9874304537since 2007 and the opposite party is the executive of Vodafone store, Chandannagore and suddenly on 20^th November, 2018 the SIM Card being no. 9874304537 suspended without  any information and thereafter the complainant visited the opposite party to know the reason of the suspension of the said SIM Card and then the opposite party replied that at present the documents mismatch which the opposite party gave the complainant before and the complainant further stated that the complainant was given suggestion by the opposite party for postpaid connection so that the complainant can get the previous number and matched documents. On good faith the complainant paid Rs. 199.00/- for postpaid connection vide invoice no. 12BNWB1180031495 dt. 21^st November, 2018. The complainant states that the complainant discussed the matter with one Vodafone customer and according to his advice contacted with customer care. The customer care informed the complainant that to activate the mobile only Rs. 35/- is required. Thereafter the complainant went to the opposite party to discuss the process to keep the previous mobile number opposite party gave one E-mail ID (Vodafone care.Kol@ Vodafone.com) for communication as well as the solution of the matter of the complainant. The complainant states that complainant communicated on 23.11.2018 by E-mail for getting actual reason of the suspension of SIM Card. But one person named Ayan Dutta on behalf of the opposite party replied that the matter has been forwarded to the concerned department for necessary validation and will get reply within 3 working days. Thereafter on behalf of the opposite party one Ayan Dutta replied to the complainant that the complainant for his own interest migrated the SIM Card. The complainant also states and contends that the complainant was compelled to take postpaid connection when there is no option before 3 months to activate the previous number according to the suggestion of opposite party. The complainant states that he has not given any reply from the opposite party as the complainant informed opposite party on 3^rd December, 2018. The complainant further states that the complainant became helpless and compelled to pray before the ld. Forum for solution. Under this circumstance the complainant prayed with a direction so that the complainant’s previous number may be restored as 9874304537 and the complainant also prayed before the Forum with a direction to pay Rs. 50,000/- as compensation to the complainant by the opposite party.

It reveals from the case record that in spite of received notice the opposite party did not appear and a chance was given to them for appearance. Thereafter the complainant submitted the track report. It appears from the track report that the notice delivered to the opposite party and opposite party failed to appear before this Forum and the proceeding runs ex parte against the opposite party. Complainant files evidence on affidavit and brief notes of argument and date fixed for final order.

It is crystal clear from the case record that opposite party avoids to inform the actual procedure to keep the previous Mobile no. by which the complainant will be able to avoid harassment. The complainant communicated on 23.11.2018 by E-mail to the opposite party and requested to the opposite party to let him know the actual reason of suspension of SIM Card. But, the opposite party gave no reply the queries made by the complainant and giving no proper solution the opposite party on the plea said that the complainant for his own interest migrated the SIM Card. The conduct of the opposite party nothing but deficiency of service on the part of the opposite party.

Being aggrieved the complainant has come before the Forum with a prayer to get the previous phone no. 9874304537 and also prayed for a direction upon the opposite party to pay compensation of Rs. 50,000/- to the complainant.

So, it is a fit case to hold that the complainant has able to prove the allegation of deficiency of service on the part of the opposite party.

In this connection to prove his case the complainant has been filed some documents.

1. Xerox copy of tax invoice.
2. Xerox copy of letter of complainant addressing to the Authority of Vodafone India.
3. Xerox copy of letter addressing to the complainant Kuntal Pal with a heading Happy to Help.
4. Xerox copy of suspension of SIM Card.

Hence,

it is

ordered

that the complainant case be and the same is allowed ex parte against the opposite party. Complainant is entitled to get the previous phone no. i.e. 9874304537. The opposite party is further directed to pay compensation of Rs. 10,000/- for mental torture, hamper banking transaction, Gas booking, personal official phone conversation deposit electric bill and other expenses the complainant within 45 days from the date of this order i.d. Rs. 50/- per day shall be deposited by the opposite party and that should be deposited in the Consumer Legal Aid Account.