Punjab

StateCommission

A/11/2016

Vodafone Mobile Services Ltd. - Complainant(s)

Versus

Bhagat Singh - Opp.Party(s)

Vishal Gupta

25 Oct 2016

ORDER

                                                          2^nd Additional Bench

PUNJAB STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

DAKSHIN MARG, SECTOR 37-A, CHANDIGARH

 

First Appeal No. 11 of 2016

                                                           

                                                          Date of institution:   06.01.2016

                                                          Date of decision    :  25.10.2016

   

 

Vodafone Mobile Services Ltd. (Earlier Known as Vodafone Essar South Ltd.) a company registered under the Companies Act having its Regional Office at C-131, Industrial Area, Phase viii Mohali 160071 through its constituted Attorney.

…..Appellant

                                      Versus

 

1. Bhagat Singh aged about 38 years, s/o Sh. Piara Singh, r/o Village Jhoti Wala, Tehsil & Distt. Faridkot, presently r/o GTB Nagar, Street No.1 # 175, Faridkot.
2. Max Communication, SCO No.3, Baba Faridkot Market, Oppoiste Kotwali Faridkot through its Proprietor/Incharge.
3. Bharti Airtel Ltd, C-25, Industrial Area, Phase II, Mohali.

     ....Respondents

 

Present:-

         

          For the appellant                  Sh.Vishal Gupta, Advocate

          For respondents No.1&2      Ex-parte

          For respondent No.3            Sh. Sanjeev Pabbi, Advocate

 

 

Appeals against the order dated 26.06.2015 passed by the District Consumer Disputes Redressal Forum, Faridkot.

Before:-

 

          Sh. Gurcharan Singh Saran, Presiding Judicial Member

          Mrs. Surinder Pal Kaur, Member        

 

 

GURCHARAN SINGH SARAN (PRESIDING JUDICIAL MEMBER)

 

                                                Order

 

                   Appellant/OP has field this appeal against the impugned order dated 26.06.2015 passed in C.C. No. 132 by the learned District Consumer Disputes Redressal Forum, Faridkot (in short the 'District Forum') vide which the complaint filed by the complainant was allowed with the direction to OP No.4 to restore the mobile connection of the complainant. OP No.4 was further burden to pay Rs.5000/- as compensation and Rs.2000/- as litigation expenses to the complainant.

2.                Complaint was filed by the complainant that he was having two Airtel postpaid Mobile connections No.95014-22533 and No.95015-22533 under the teacher plan launched by OP Nos.1&2 and in January 2014, these connections were ported into OP No.4, but without any reason the connection was disconnected.

3.                The complaint was contested by OP on various grounds  and ultimately  the complaint was allowed by the District Forum as referred above.

4.               Aggrieved with the order, appellant/OP No.4 has filed this appeal. Notice was given to respondents, but none appeared on behalf of respondent No.1/complainant and respondent No.2 whereas respondent No.3 had appeared.

5.                During the pendency of the appeal counsel for respondent No.3 Sh. Sanjeev Pabbi Advocate has made a statement which is recorded separately that the connection Nos.9501422533 and 9501522533 are connections pertaining to Bharti Airtel respondent No.3/OP No.2. They are ready to release these connection numbers subject to the conditions that he will file I.D. Proof and fresh agreement. Either these documents can be directly filed in the office of OP No.2 or before the executing court. Counsel for the appellant Sh. Vishal Gupta, Advocate has made a statement to withdraw this appeal subject to conditions as referred in the statement of counsel for respondent No.3. None is available on behalf of the respondent No.3 it seems that he did not want to contest this appeal. In view of the statements given by the counsel for the parties the order passed by the District Forum is modified to the extent that the connection will be released by OP No.2/OP No.4 subject to the condition that complainant will file I.D. proof and signed a fresh agreement with OP No.2/OP No.4 either visiting the office of OP No.2 or in case execution application is pending then these documents can be submitted to the counsel for the OP No.2 during these proceedings. After submitting of these documents, OP No.2/OP No.4 will release the connections within 15 days. There will be no change in the order with regard to compensation and litigation expenses.

 

 

                                                                                 

                                                             (GURCHARAN SINGH SARAN)

                                                         PRESIDING JUDICIAL MEMBER

                                                                  

         

                                                         

October 25, 2015.                                 (SURINDER PAL KAUR)

PK/-                                                                     MEMBER