Punjab

Fatehgarh Sahib

RBT/CC/513/2018

Sh. Krishan Lal - Complainant(s)

Versus

Vodafone India Ltd - Opp.Party(s)

Mahender Pal

27 Sep 2022

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.                                                       

                                                                             RBT/CC/513/2018

CC No. 513 of 2018

                                                                             Date of Institution: 04.05.2018

                                                                             Date of Decision:    27.09.2022  

 

        Krishan Lal  S/o Siya Ram R/o H No.24, Village Mataur Sector-70 Mohali.

                                                                                                                    …………....Complainant(s)

                                               

                                                     Versus

1. Vodafone India Ltd. through its M.D. & CEO Mr. Sunil Sood Vodafone India Ltd. Peninsula Corporate Park Ganpatrao Kadam Marg Lower Parel Mumbai 400013.
2. Ms. Jyotsna Sandhu Nodal Officer Vodafone Mobile Services Ltd., Punjab Circle C-131, Industrial Area Phase-7 Mohali, Punjab 160071.

…………....Opposite Party(s)

Complaint under Consumer Protection Act 1986

 

Quorum

Sh. Pushvinder Singh, President

Ms.Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

Present: Sh. Harminder Singh, Counsel for the complainant.

               Sh. Amit Gupta and Sh. Vishal Gupta counsel for OPs.

 

Order By

Pushvinder Singh, President 

1.              This complaint has been filed by the complainant/Krishan Lal(hereinafter referred to as ‘CC”) for directing the opposite parties(hereinafter referred to as ‘OPs) to supply the call details of his Vodafone mobile number 7508733838 along with tower location for the period of 9^th June, 2017 to 15^th June, 2017.
2.               The CC has alleged that he is a consumer of the OPs having mobile number 7508733838 and on 22.06.2017 he made a request to the OP No.2 through registered post to supply the call details for the abovesaid period but the OPs did not supply the same.
3.             On notice OPs appeared through Sh. Vishal Gupta and Sh. Amit Gupta, advocates and filed reply/version jointly stating that the complaint is liable to be dismissed on the sole ground that the CC has failed to disclose the cause of action regarding which the CC is alleging deficiency in service and the CC is not the subscriber of the OPs. He remained subscriber of the OPs having abovesaid mobile number till 03.04.2018. When the connection was disconnected the mobile number of CC was allotted to some other customer. Call details and tower location can only to be provided to the law enforcement agencies as per Section 5(2) of Indian Telegraph Act, 1885 read with Rule 419A of India Telegraph (Amendment) Rules, 2007 or as per Section 92 of  Cr. P.C. There is a special remedy provided in Section 7(B) of Indian Telegraph Act regarding disputes in respect of telephone bills as such the remedy under the Consumer Protection Act is impliedly barred as laid down by the Hon’ble Supreme Court in case titled as General Manger Telecom Vs M. Krishnan and Ors. The OPs denied all other allegations and prayed for dismissal of the complaint.
4.            In order to prove his complaint CC furnished his affidavit in support of the complaint as Ex.CW1/1 and an application/letter written to Vodafone Circular Head Office as Ex.C-1. On the other hand Sh. Manoj Madan authorized signatory of OPs furnished his affidavit as Ex.OP-1/1 and in evidence, copy of View Status Change History of the mobile number of CC as Ex.OP-1. He also produced the notification of Ministry of Communication and Information Technology as Ex.OP-2 and a letter written by Director (AS-II) regarding guidelines for providing call data records to law enforcement agencies as Ex.OP-3 and gazetted notification of Telecom Regulatory Authority of India as Ex.OP-4.             
5.              We have heard the counsels for the parties and have gone through the file carefully.
6.              The CC has alleged that he made a request to the OPs for providing call details of his mobile number along with tower location for specific period, which was not provided by the OPs. From perusal of the entire file, we find that it is nowhere mentioned by the CC that for which purpose the call details and tower location are required. Accordingly, we are of the considered opinion that in case the CC requires the call details of his mobile number to produce the same before any Court of law then he should approach the said Court for procuring the call details along with tower location. In these circumstances, we do not find any valid reason for directing the OPs to supply the call details of mobile number to the CC. So, the complaint is hereby dismissed with no order as to costs. Copy of this order be supplied to the CC and the OPs as per rules. File be returned back to the District Consumer Commission, Mohali for consignment.
7. Pronounced

     27.09.2022                                                      

 

    (Pushvinder Singh)

                                                                                     President

 

 

    (Manjit Singh Bhinder)

                                                                                                     Member

 

               

                                                                            (Shivani Bhargava)

   Member