A-841/2018

1.      This is an Appeal filed u/s 15 of C.P Act, 1986, aggrieved by the order passed by the District Consumer Disputes Redressal Forum, Mandya in CC-73/2016 on 24.10.2017.

2.      Learned counsel for appellant/OP submits that, Forum below has failed to pursue the complaint raised by the complainant.  The complainant has chosen OP/appellant alone as party to claim certain reliefs, but failed to implead Idea Network.  The main grievance of the complainant is that as Idea Network was his service provider and the O.P has failed to Port to their network, thereby failed to render service.  In such circumstances, we feel it necessary that, Idea Network or I-Cellular Company should have been made one of the parties in his complaint, which he has failed.  It is therefore, it would be just and proper to remand back this matter to Forum below to reconsider the case of complainant, directing him to implead M/s Idea Cellular Ltd., as one of the parties and to decide the complaint afresh, affording opportunities to both parties.  Accordingly, this appeal stands disposed off.

3.   Commission below is directed to decide the complaint as early as possible, not later than 3 months from the date of receipt of this order.

4      Amount in deposit is directed to be transferred to the Commission below for needful.

5.      Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                            Judicial Member

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