Sri Swapan Kumar Mahanty, President.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in brief, is that on 06-10-2016 the OP, Reliance Telecom Ltd. stopped the lifetime offer against Data Card No.7439330361 though the complainant is a bona fide consumer of the OP. In spite of several e-mails the OP did not restore the data connection. OP deliberately adopted unfair trade practice and trying to deprive the complainant from his lawful right and claim. Hence, the complaint.
The OP has contested the case by filing written version challenging the maintainability of the case. The specific case of the OP is that till May, 2016 the complainant got the benefit of 1 GB data every month till decided to shut down its CDMA business. Complainant had offered to convert the CDMA dongle to GSM dongle through SMS but the complainant did not opt such offer and the dongle of the complainant is deactivated on account of shut down entire business of CDMA. Telecom Industry is regulated by the Telecom Regulatory Authority of India (TRAI) and TRAI is fully aware regarding shut down of CDMA business. Therefore, there is no deficiency of service on the part of the OP. Accordingly, the OP has prayed for dismissal of the complaint.
In the light of the above pleadings the following points necessarily came up for determination :
- Is the consumer complaint maintainable in its present form and in law?
- Is the OP deficient in rendering service to the complainant?
- Is the complainant entitled to get any relief or reliefs as prayed for?
Decision with Reasons
Points No.1 to 3 :
All the points are taken up together for the sake of convenience and brevity in discussion.
We have perused the evidence of the parties through affidavit as well as documents on record. It remains undisputed that the complainant was a bona fide consumer under the OP in respect of CDMA connection against Data Card No.7439330361. It is also true that such connection was valid for life time against Rs.3,001/-. There is also no dispute that the complainant got the benefit till May, 2016. Complainant did not convert and/or port out CDMA service to GSM technology in spite of offer through SMS. OP shut down entire business of CDMA on due diligence to the customers as well as Telecom Regulatory Authority of India (TRAI) which is a statutory authority of Telecom Industry. TRAI used to issue various guidelines in respect of Broadband, Date Services, Basic Services and Cellular Mobile Services. The Hon’ble Apex Court has been pleased to observe in an appeal being Appeal No.7687 of 2004 (General Manager Telecom – vs. – M. Krishnan & Another) decided on 01-09-2009 that telecom disputes cannot be adjudicated by Consumer Forum and such dispute can only be adjudicated through Arbitration as laid down u/s.7B of the Indian Telegraph Act.
In the light of the above discussion, we are of the opinion that the complaint is not maintainable in its present form and in law. Thus, the question of deficiency of service as defined in the C.P. Act, 1986 does not arise and the complainant is not entitled to get any relief as prayed for. Accordingly, all the points under determination answered in the negative.
In the result, the case merit fails.
Hence,
Ordered
That the complaint case be and the same is dismissed on contest against the OP. No cost is imposed upon any of the parties.
