DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
CONSUMER COMPLAINT NO.268 of 15
DATE OF INSTITUTION: - 21-09.2015
DATE OF ORDER: 28-12-2016
Ravi Shankar son of Shri Surender Sharma, resident of village Bapora, Tehsil & District Bhiwani.
……………Complainant.
VERSUS
- Manager Vodafone Digilink Ltd. D 8 Udyog Nagar, Rohtak Road, Delhi.
- Branch Manager Vodafone Digilink Ltd, 173 HHIDC Udyog Area Karnal.
- Branch Manager/Service Centre Vodafone Digilink Ltd. Rohtak Gate, Bhiwani.
………….. Opposite Parties.
COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT
BEFORE: - Shri Rajesh Jindal, President.
Ms. Anamika Gupta, Member.
Present:- Sh. Amit Kaushik, Advocate for complainant.
Sh. M.S. Parmar, Advocate for Ops.
ORDER:-
Rajesh Jindal, President:
In brief, the grievance of the complainant is that he had taken the mobile connection no. 9416152997 and taken the standard plan of Rs. 250/-. It is alleged that the OPs has changed the plan of Rs. 250/- to 699/- in respect of the mobile connection of the complainant, without the intimation of the complainant. The complainant further alleged that due to the act and conduct of the OPs he has to suffer mental agony and physical harassment. Hence the complainant has filed the present complaint for seeking compensation.
2. OPs on appearance filed written statement alleging therein that the answering respondents were offering “1 GB of 3G Data, 1500 local & national free minutes” its customers/subscribers. It is submitted that the promotional call for its new Tariff Plan “Vodafone Red Plan 699” was made to the complainant and its out calling executives explained all the benefits of the aforesaid plan to the complainant. It is submitted that the complainant accepted our offer & requested our executive to activate “Vodafone Red Plan 699” on his mobile number 9416152997 was reconverted to “Super Value 249” by the answering respondents. Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of OPs and complaint of the complainant is liable to be dismissed with costs.
3. In order to make out his case, the counsel for complainant has tendered into evidence affidavit Annexure C-1.
4. In reply thereto, the counsel for the Ops has tendered into evidence affidavit Annexure R-1.
5. We have gone through the record of the case carefully and have heard the counsel for the parties.
6. Learned counsel for the complainant reiterated the contents of the complaint. He submitted that the OPs has changed the plan of Rs. 250/- to 699/- in respect of the mobile connection of the complainant, without the intimation of the complainant.
7. Learned counsel for the Ops reiterated the contents of the reply. He submitted that all the benefits of the plan 699/- were explained to the complainant and the complainant accepted the offer of the OPs and requested to activate the said plan. Therefore, the said plan of Rs. 699/- was activated on 07.05.2015. Thereafter, on 08.07.2015 the complainant again approached to reconvert his tariff plan to Rs. 249/- and at his request the plan was controverted to 249/- by the OPs.
8. In the light of the pleadings and arguments of the parties, we have examined the material on record. As per record the plan of Rs. 699/- was given to the complainant on 07.05.2015, then if the complainant was not agreed to the said plan then he could have immediately re-convert the plan but as per record the complainant approached the OP to reconvert the plan on 08.07.2015. No cogent evidence has been adduced by the complainant in support of his contention. We do not find any merit in the complaint and the same is hereby dismissed with no order as to costs. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated:.28-12-2016.
(Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Anamika Gupta)
Member
