Delhi

East Delhi

CC/597/2014

SUSHIL - Complainant(s)

Versus

VODAFONE MOBILE - Opp.Party(s)

07 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO.  597/2014

 

	SUSHIL NARAIN D-30-31 SECOND FLOOR, BLOCK D, VIKAS MARG, LAXMI NAGAR, DELHI-110092	….Complainant
Versus
	VODAFONE MOBILE SERVICES LTD C-48 OKHLA INDUSTRIAL AREA PHASE II NEW DELHI-110020
	Also at : PENINSULA CRPORATE PARK, GANPATRAO KADAM MARG, LOWER PAREL, MUMBAI – 400013	……OP1

                                                         

 

Date of Institution : 28.06.2014

Judgment Reserved on : 07.04.2022

Judgment Passed on : 07.04.2022

                  

QUORUM:

Sh. S.S. Malhotra (President)

Ms. Ritu Garodia (Member) – on leave

Sh. Ravi Kumar (Member)

 

Order By: Shri S.S. Malhotra (President)

 

JUDGEMENT

 

 

1. The complainant pertains to deficiency in service on the part of OP by not restoring the mobile connection. The brief facts of the complaint are that the complainant ported his Mobile No.9310055508 from Reliance Mobile to Vodafone/OP and had been paying all the payments as demanded by OP company However with no outstanding amount due, the mobile services to his aforesaid mobile number was discontinued in June-July, 2012. Numerous complaints were made to customer care services. The service to the said mobile number was resumed once but then was discontinued again from October-November, 2012 without assigning any reason The complainant again made numerous complaints to customer care service. The Complainant had to face much hardship due to discontinuation of his mobile number as it was an only source of contact for his family and members of business circle. The mobile connection was not restored and a legal notice was served. The Complainant has annexed phone bills and legal notice. The Complainant accordingly has approached this Commission and has prayed for reactivation of the said mobile no. 9310055508 along with compensation and legal cost.
2. OP in its reply has stated that the complaint is beyond the jurisdiction of the Commission as per section 7B of the Indian Telegraph Act, 1885. It is further stated that the mobile number 9310055508 was ported from Reliance at the request of the complainant after duly filling the application form. The number was activated on 14/03/2012.    OP did not receive the payment for monthly bill dated 6/7/2012 for the period of one month from 6/6/2012 to 5/7/2012 for the amount of Rs 223.60 The complainant made short payments for subsequent bills. Consequently, outgoing calls were barred on 2/12/2012 and the outstanding amount came to Rs 506 The connection was suspended on 6/1/2013 and deactivated on 22/4/2013. The connection being a port-in number was transferred to the donor, namely Reliance, as per TRAI regulations. The allegation regarding disconnection in the month June-July is specifically denied. OP also denies any deficiency in service.
3. Perusal of order sheets shows that the complainant was directed to file rejoinder and evidence on 15/05/2015. OP filed evidence on next date of hearing i.e. on 20/5/2015 but complainant failed to file evidence by way of affidavit. Thereafter, the matter was kept for final argument. Since, the complaint is not supported by any evidence by way of affidavit, the complainant has failed to prove his version made in the complaint. It is settled preposition of the law, that pleadings howsoever strong be cannot take place of proof. Further the facts as explained by complainant are not admitted facts and have been denied specifically.
4. In nut shell the complainant has failed to proved his verision by deposing on oath or by filing affidavit of evidence.
5. In view of the reasons stated supra, the Complainant has failed to prove his version w.r.t. deficiency of service on the part of OP and the Complaint is accordingly dismissed against the OP.
6. Copy of the order be supplied / sent to the parties free of cost as per rules.
7. File be consigned to Record Room.
8. Announced on 7.4.2022

DELHI

 

(On leave) (Ritu Garodia) Member

(Ravi Kumar) Member

(S.S. Malhotra) President