BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA 

                                                           RBT/Consumer Complaint No.445 of 2018

                                                            Date of institution: 16.07.2018

                                                            Date of Decision: 18.07.2022

Preet Mohinder Singh Dhaliwal, aged about 45 years, resident of House No.513-R, Near Layallpur Sweets, Model Town, Ludhiana  

….Complainant

Versus

M/s Vodafone Mobile Services Limited, C-131, Industrial Area, Phase-8, Mohali, Punjab, through its Managing Director/Director/Secretary/Manager

                                                                             ……..Opposite Party

QUORUM:-

HON’BLE MR. RANJIT SINGH, PRESIDENT.

                              HON’BLE MRS.RANVIR KAUR, MEMBER

PRESENT:-

Sh. Sushil Kumar, Adv. For complainant

Sh. Govind Puri, Advocate. For OP

          ORDER

          SH. RANJIT SINGH, PRESIDENT

1. The present order of ours will dispose of the above complaint filed under Consumer Protection Act, received by way of transfer from District Consumer Disputes Redressal Commission, Ludhiana by the complainant against the Opposite Party on the ground that the complainant is consumer of OP mobile connection No.98155-00513 since long and he has been regularly paying the bills for the same. Since, November, 2017, the OPs company without the consent of the complainant and without giving any prior intimation to the complainant have started charging Rs.899.02/- per month against the said mobile phone from the complainant alleging it to be misc. charges. The complainant never applied for any other facility to the said mobile phone nor the complainant ever asked for getting any such extra facility and as such OP company is not within its rights to attach any alleged extra facility to the mobile connection of the complainant without the consent and knowledge of the complainant. The complainant several times approached the OPs concerned officials with a request to immediate withdraw the alleged facility and to refund back the amounts charged from the complainant against the alleged facility,  but the OP officials have been postponing the matter on one or the other false pretext. The aforesaid act of the opposite parties amounts to deficiency in service, unfair trade practice and it has caused mental as well as physical agony and also caused inconvenience to the complainant. Vide instant complaint, the complainant has sought the following reliefs:-
2. To immediately withdraw the alleged extra facility attach to the mobile phone of the complainant and to refund excess amount received from the complainant 
3. To pay Rs.1,00,000/- as compensation to the complainant in the interest of justice.
4. To pay Rs.11,000/- as litigation expenses. 

2.                In reply, the OP a number of preliminary objections; that the complainant has tried to mislead this Hon’ble Commission by giving wrong facts and has concealed certain facts related to this complaint; that the said number is still active with the opposite party company, however, outstanding of Rs.914.32/- is still pending against the said mobile number. On  merits, it is stated that the complainant is using a postpaid mobile connection number 98155-00513 of the opposite party company and currently red entertainment @ 399 is active on his number since 20^th August. The number is currently active with the opposite party but the complainant has failed to make the payment of due amount of Rs.914.32/- charged under the bill dated 01.07.2018 issued for the month of the June, 2018. The complainant has never approached the opposite party for refund of the alleged excess amount charged from him. Rest of the allegations leveled by the complainant against the answering OP have been denied and prayed for dismissal the complaint.

3.            In support of his claim, the complainant has tendered his affidavit Ex.CA along with documents Ex.C1 to Ex.C12 and closed the evidence. On the other hand, the learned counsel for the OP also tendered various documents.

4.            We have heard the learned counsel for the parties and have gone through the record of the file, carefully.

5.            In view of the totality of the documents, we disposed of the present complaint with the direction to the OP to  withdraw the extra facility attach to the mobile phone of the complainant and to refund excess amount received from the complainant, if any. The OPs are further directed to comply with the above said order within the period of 30 days from        the date of receiving the copy of this order.  Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.

July 18, 2022

(Ranjit Singh)

(Ranvir Kaur)

RBT/ CC No.445 of 2018

Present:    Sh. Sushil Kumar, Adv. For complainant

Sh. Govind Puri, Advocate. For OP

                           
Vide our separate detailed order of today, the complaint stands disposed of. Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.

July,18 2022

(Ranjit Singh)

(Ranvir Kaur)