Haryana

Kurukshetra

CC/81/2019

Ashish Deswal - Complainant(s)

Versus

Vodafone Idea - Opp.Party(s)

Kamlesh Sanghwan

05 Feb 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA.

 

Consumer Complaint No.81 of 2019

Date of Instt.:4.03.2019

Date of Decision: 05.02.2021.

 

Ashish Deswal, aged 32 years, son of Sh.Jagmal Singh, resident of house No.25, Sector -5, U.E.Kurukshetra.                 …….Complainant.                                                

                                                 Versus

 

1.Vidafone Idea Limited (formerly Idea Cellular Ltd.). 10^th Floor, The Birla Centurion , Plot N o.794, B Wing, Pandurang Budhkar Marg, Worli Mumbai 400030, Maharashtra through its Managing Director.

2.Nodal Officer, Vodafone idea Ltd.( formerly Idea Cellular Ltd.) Plot No.173, Sector 3, HSIIDC Industrial Area, Karnal, Haryana 132001.

 

                ….…Opposite parties.

 

      Complaint under Section 12 of Consumer Protection Act.

 

Before       Smt. Neelam Kashyap, President.    

                   Ms. Neelam, Member.       

                   Shri Issam Singh Sagwal, Member.                

                 

Present:     Sh.Ashish Deswal complainant in person.

                Shri Mohit Tayal Advocate for the OPs.

                  

                 This is a complaint under Section 12 of the Consumer Protection Act, 1986  has been moved by the complainant Ashish Deswal against Vodafone and another , the opposite parties.

 

2.             The brief facts of the complaint are that complainant has purchased a prepaid connection of  Idea Cellular Ltd.(presently Vodafone Ltd.) OP No.1 and has been enjoying services on his Idea mobile number 9017536352 since long by recharging the number with top ups from time to time as per  instructions by OPs.  It is further averred  that in August 2018 the Idea Cellular Ltd. and Vodafone India was amalgamated and formed a new company by the name and style of Vodafone Idea Ltd, therefore,  the complainant is consumer of the OPs.  It is further averred  that 8-9 years ago, the Idea Cellular Ltd.  (presently Vodafone Idea Ltd) OP No.1 had published and promised a lifelong validity scheme/connection for their prepaid mobile connection and in consequences of that the complainant had got his above said number ported from Reliance to Idea and purchased the Idea prepaid mobile  connection with lifelong validity scheme.  It was valid till March 2021. Under the said scheme one need not to recharge the connection to get the validity of his connection extended but only to recharge with top ups or add money to the account to enjoy the services.  As the complainant had been expecting that long validity would prevent untimely disconnection and disturbance of services, he attached the said number with his banking services and other alters and services.  In the month of November 2018, the complainant came to know via SMS that the validity of the said idea connection had been reduced to 12 December 2018 and further that the outgoing as well as incoming services on the said connection would be stopped after 12 December 2018.  On 30^th November 2018, another message was received by the complainant on the said number informing that the plan  on the number had been changed  w.e.f. 23.10.2018.  It is averred that plan on the said connection had been wrongly and illegally changed without any prior notice and consent of the complainant by the OPs and consequently the services on the said connection had been wrongly and illegally stopped on 12^th December 2018 instead of March 2021.  Due to sudden change in the connection by the OPs without any fault on the part of complainant even after obeying the instructions of the OPs, the complainant feel cheated and sole purpose of getting the Idea prepaid connection failed without any fault on the part of the complainant. As stated above, the plan was changed w.e.f. 23.10.2018 whereas the SMS regarding same was received on 30.11.2018..It is stated that at the time of purchase of the said connection  there were no such instructions.  The complainant several times contacted the  Customer Care of the OPs at the phone number 198 as well as at the e-mail id customercare @ idea.Adityabirla.com to bring the matter to their notice and to get it resolved but all in vain.  Thereafter finding no alternative, the complainant had served a legal notice dated 30.12.2018 on the OP No.2 at Ananrtraj Tech Park, 5^th floor plot No.1 Sector 22, Panchkula and also reminders dated 19.1.2019 and 31.1.2019 but nothing  has been done. Thus, it is also averred that such an act on the part of the OPs amounts to deficiency in services and he has prayed that OPs be directed to restore the lifelong validity i.e. upto March 2021 on the mobile number 9017536352 alongwith compensation of Rs.22,000/- together with litigation expenses.

 

3.             Upon notice, OPs appeared and filed written statement disputing the claim of the complainant. It is  admitted that the complainant subscribed to the services on the mobile No.9017536352  through mobile number. Portability of the said number was activated on 1.06.2015. The Prepaid customer Application Form has been attached.  It is submitted that as per company records the complainant was never on lifetime plan and was using a plan wherein customer has to recharge on six months basis.  The answering OPs have changed the plan as per the terms and conditions of the customer Application Form.  It is submitted that as per the prepaid customer application form, the complainant agreed upon the terms and conditions of the said CAF.  As per terms and conditions, “Idea Cellular Limited reserves the exclusive right to change/alter/amend the tariff plan/s applicable  on idea Prepaid card at any point of time on the sole discretion with the prior intimation to the customer.” and the OPs reserved the right to change the tariff, validity or any other terms and conditions applicable on the SIM Card/services at any time at its sole discretion within regulatory guidelines.  It is wrong that the validity of all the subscribers of the company have been changed effective from 8.10.2018 and the company has published the notice in leading Hindi and English news papers ion 7^th  October 2018. It is also submitted that the company at par with other operators considering the competition and to avoid stale SIM cards which are active but not used has come up with a minimum  recharge policy of Rs.24/- per month which gives discount in base rate and inter operator minutes or Rs.35.00 which not only ensure unlimited  free incoming calls as prescribed but also makes provisions for  Rs.26.00  as talk time and other benefits and also outgoing call and thus the effective price almost “negligible”.  The said plan was also approved from TRAI and the same is uploaded on website of the company www.ideacellular.com captioned as TRAI mandate sheet before enforcing  the said plan voucher for the customers.  It is specifically mentioned therein at clause 10 “ if you are an existing customer who has availed a tariff  plan for minimum period of six months from the date of enrolment to that tariff plan, then you are migrated to new prepaid plan PV 24. Application recharge for Plan voucher 24- Combo Voucher- MRP 35/65/95/145/245. All other allegations made in the complaint have been denied specifically and it was submitted that OP no.2 has been wrongly impleaded as party, that the present complaint is barred u/s 7-B of Indian Telegraph Act 1985 and Rule 413 stipulates that all telephone connections and other similar services provided or authorized by the department shall be governed by the Indian Telegraph Rules and  it is submitted that there is no deficiency in services on the part of the OPs and has prayed for dismissal of the present complaint.

 

4.             The complainant in support of his complaint has filed affidavit Ex.CW1/A and tendered documents Ex.C-2 to Ex.C-10 and closed his evidence.

 

5.             On the other hand, OPs in support of their case have filed affidavit Ex.RW1/A and tendered documents Ex.R-1 to Ex.R-3 and closed their evidence.

 

6.             We have heard the learned counsel for both the parties and have gone through the record. We have also perused the written submissions placed on the file.

 

7.             The complainant while reiterating the averments made in the complaint has argued that that 8-9 years ago, the Idea Cellular Ltd.  (presently Vodafone Idea Ltd) OP No.1 had published and promised a lifelong validity scheme/connection for their prepaid mobile connection and in consequences of that the complainant had got his above said number ported from Reliance to Idea and purchased the Idea prepaid mobile  connection with lifelong validity scheme. Vide copy of bill for the period 1.08.2018 to 31.08.2018, Ex.C-2 validity of the mobile phone was  for 764 days i.e. till March 2021 but in the bill Ex.C-3 for the period of 1.11.2018 to 31.11.2018, validity of the said mobile phone has been showed for 11 days only   that too without  assigning any reason for the same, which was done illegally. Under the said scheme one need not to recharge the connection to get the validity of his connection extended but only to recharge with top ups or add money to the account to enjoy the services.  As the complainant had been expecting that long validity would prevent untimely disconnection and disturbance of services, he attached the said number with his banking services and other alters and services.  It is further argued that in  the month of November 2018, the complainant came to know via SMS that the validity of the said idea connection had been reduced to 12 December 2018 and further that the outgoing as well as incoming services on the said connection would be stopped after 12 December 2018.  On 30^th November 2018, another message was received by the complainant on the said number informing that the plan  on the number had been changed  w.e.f. 23.10.2018.  It is argued that plan on the said connection had been wrongly and illegally changed without any prior notice and consent of the complainant by the OPs and consequently the services on the said connection had been wrongly and illegally stopped on 12^th December 2018 instead of March 2021. 

 

8.     On the other hand, learned counsel for the OPs while reiterating the  submissions made in the written statement has argued that complainant subscribed to the services on the mobile No.9017536352  through mobile number. Portability of the said number was activated on 1.06.2015. The Prepaid customer Application Form has been attached.  It is submitted that as per company records the complainant was  never on lifetime plan and was using a plan wherein customer has to recharge on six months basis.  The answering OPs have changed the plan as per the terms and conditions of the customer Application Form.  It is submitted that as per the prepaid customer application form, the complainant agreed upon the terms and conditions of the said CAF.  As per terms and conditions, “Idea Cellular Limited reserves the exclusive right to change/alter/amend the tariff plan/s applicable on idea Prepaid card at any point of time on the sole discretion with the prior intimation to the customer.” And the OPs reserved the right to change the tariff, validity or any other terms and conditions applicable on the SIM Card/services at any time at its sole discretion within regulatory guidelines.  It is wrong that the validity  of all the subscribers of the company have been changed  effective from 8.10.2018 and the company has published the notice in leading Hindi and English news papers ion 7^th  October 2018. It is also submitted that the company at par with other operators considering the competition and to avoid stale SIM cards whmich are active but not used has come up with a minimum  recharge policy of Rs.24/- per month which gives discount in base rate and inter operator minutes or Rs.35.00 which not only ensure unlimited  free incoming calls as prescribed but also makes provisions for  Rs.26.00  as talk time and other benefits and also outgoing call and thus the effective price almost “negligible”.  The said plan was also approved from TRAI and the same is uploaded on website of the company www.ideacellular.com captioned as TRAI mandate sheet before enforcing the said plan voucher for the customers.  It is specifically mentioned therein at clause 10 “ if you are an existing customer who has availed a tariff  plan for minimum period of six months from the date of enrolment to that tariff plan, then you are migrated to new prepaid plan PV 24. Application recharge for Plan voucher 24- Combo Voucher- MRP 35/65/95/145/245. It is argued that the present complaint is barred u/s 7-B of Indian Telegraph Act 1985 and Rule 413 stipulates that all telephone connections and other similar services provided or authorized by the department shall be governed by the Indian Telegraph Rules and  it is  argued that there is no deficiency in services on the part of the OPs and has prayed for dismissal of the present complaint.

 

9.             After hearing the complainant and learned counsel for the OPs we are of the view that plan on the mobile number of the complainant has been changed without any due notice or consent of the complainant.  The contention of the OPs that the plan on the mobile number of the complainant was changed under the terms and conditions of the company is devoid of any force. Vide copy of bill for the period 1.08.2018 to 31.08.2018, Ex.C-2 validity of the mobile phone was  for 764 days i.e. till March 2021 but in the bill Ex.C-3 for the period of 1.11.2018 to 31.11.2018, validity of the said mobile phone has been showed for 11 days only   that too without  assigning any reason for the same, which was done illegally. The OPs have not placed on the file a copy of the terms and conditions specifically signed by the complainant agreeing with such terms and conditions. Without prior notice to the complainant changing the  plan has resulted into disconnection of the mobile number of the complainant. Such an act on the part of the OPs without consent of the complainant is totally illegal and void and not sustainable in the eyes of law.  The said connection of the complainant was connected with banking services and other alters and services. Therefore, there is deficiency in services and unfair trade practice on the part of the OPs and as such the complainant is entitled to compensation of Rs.10,000/- for financial loss and mental harassment and agony caused to him.

 

10.            In view of the aforesaid discussion, we accept the present complaint and direct the OPs to pay the compensation of Rs.10,000/- to the complainant  for the deficiency  in services for changing of plan resulting into disconnection of the connection of the complainant without the consent of the complainant. The OPs are   further directed to make the compliance of this order within a  period of  45 days from the date of preparation of certified copy of this order, failing which, the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the OPs. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the record-room, after due compliance.

 

Announced in open Commission:

Dt.:5.02.2021.                                                    (Neelam Kashyap)

                                                                             President.

 

 

(Issam Singh Sagwal),         (Neelam)       

 Member                              Member.