Haryana

Bhiwani

CC/19/2019

Rajbir - Complainant(s)

Versus

Vodafone - Opp.Party(s)

Naveen Kaushik

27 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

                  Consumer Complaint No. : 19 of 2019

                  Date of Institution             : 28.01.2019

                                                           Date of Decision               : 27.10.2023

 

 

Rajbir son of Sunder R/o VPO Dhanana, Tehsil and District Bhiwani.

 

          ……Complainant.

 

Versus

 

1. Vodafone Store, Rohtak Gate Bhiwani Tehsil and District Bhiwani through its Proprietor.

 

2. Vodafone Idea Limited, Regd. Office Suman Tower, Plot No.18, Sector No.11, Gandhinagar, Gujrat-382011.

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:    Hon’ble Mrs. Saroj Bala Bohra, Presiding Member.

Hon’ble Ms. Shashi Kiran Panwar, Member.

 

 

Present:-      Sh. Naveen Kaushik, Advocate for complainant.

         Sh. Madan Singh Parmar, Advocate for OPs.

 

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant was using mobile phone connection no.9813777730 issued by OP company for his business purpose since many years.  Complainant had to go abroad for his business purpose and he paid Rs.2500/- for international roaming facility on the said number but to shock that the plan was not activated by OP company and his mobile phone was not working properly. However, OPs sent a bill dated 22.11.2018 of Rs.3682/- which as per complainant is wrong and illegal. According to complainant, he suffered los to his business due to such act of Ops as his business is totally depending upon mobile phone.  Complainant has alleged that the act and conduct of Ops was negligent which caused him mental and physical pains. Hence, the present complaint has been preferred seeking directions to Ops  to overhaul the bill dated 22.11.2018; to pay a sum of Rs.3.00 lac as loss to his business; to pay Rs.1.00 lac as compensation for harassment; to pay a sum of Rs.11,000/- towards litigation expenses.

2.                 Upon notice, OPs appeared and filed written statement raising preliminary objections that the present complaint is not maintainable in the present form as it should be referred to Arbitration in terms of provisions of Section 7B of the Indian Telegraph Act, 1885. OPs have submitted that complainant opted for ‘i-Roam Free 2500@7 days’ (for a sum of Rs.2500/- for 7 days) to be activated from 09.11.2018 to 16.11.2018 and complainant was informed of all the benefits, limits (territorial), charges applicable outside of package, etc. by the customer care executive. It has further been submitted that in order to activate the services, a customer has to manually select the name of service provider on his phone and complainant was informed about this procedure, however, he did not manually select the services of the service provider on his phone, on account of which, complainant could not utilized the services of the OPs. No deficiency on their part has been alleged. In the end, prayer for dismissal of complaint with costs has been made.

3.                 Complainant side in his evidence has tendered documents Annexure C-1 & Annexure C-2 and closed the evidence on 26.11.2019.

4.                 Counsel for OPs tendered in evidence, affidavit Annexure RW1/A and closed the evidence on 19.09.2022.

5.                 We have heard learned counsel for the parties and perused the record minutely.

6.                 At the outset, it is admitted case of Ops that complainant opted for the alleged plan and also that due to some procedural hitch, on the part of complainant, he could not utilize the services of that plan. Perusal of bill (Annexure C-1) reveals that OP have charged Rs.2500/- in this bill, whereas, complainant has not availed the services thereof which is wrong on the part of OPs. The said bill has been paid by complainant vide Annexure C-2. OP has averred in the written statement that there were some charges applicable outside the package plan which also bring the OPs under the criteria of unfair trade practice.  In totality of the fats and circumstances of this case, we are of the view that OPs have charged from the complainant for the services which he has not availed of and that he must have harassed by their such act & conduct. There may be chances of business loss to complainant but it cannot be ascertained as there is no record on the file that complainant went to abroad and occurred any loss to him. Since, the Consumer Protection Act provides a separate remedy for the consumers, therefore, the complaint is well maintainable having no overridden of any other law, in such like matters. Accordingly, the complaint is allowed and OPs are directed to comply with the following directions within 40 days from the date of order:-

1. To overhaul the bill dated 22.11.2018 (Annexure C-1) by adjusting Rs.2500/- & surcharge thereof, and further also, if there is any other possibility of adjustment. 
2. To pay Rs.10,000/- (Rs. Ten thousand) on account of harassment suffered by complainant at the hands of OPs.
3. To pay Rs.5500/- (Rs. Five thousand Five hundred) as litigation expenses.

                     In case of default, the Ops shall liable to pay simple interest @ 9% per annum on the aforesaid awarded amounts for the period of default. Certified copies of the order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.       

Announced.           

Dated: 27.10.2023

(Shashi Kiran Panwar)              (Saroj Bala Bohra)

.                                     Member                              Presiding Member

District Consumer

Disputes Redressal

Commission, Bhiwani. 

 

        

 

 

 

Present:-      Sh. Naveen Kaushik, Advocate for complainant.

         Sh. Madan Singh Parmar, Advocate for OPs.

 

                  Arguments heard.  Vide separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

Dated: 27.10.2023

(Shashi Kiran Panwar)              (Saroj Bala Bohra)

.                                     Member                              Presiding Member

DCDRC, Bhiwani.