Order No.13 dt. 07/12/2016
The case of the complainant in brief is that he is the subscriber of two mobile Vodafone connections in his name for his personal use having no.9830888411 and 9830227184. The complainant’s other family members used to enjoy the Vodafone connection. All on a sudden on 13.11.13 the connections were disconnected. Because of such disconnection the complainant could not contact with his customers for which he sustained business loss to the tune of Rs.5 lakhs. On 21.11.13 the o.p. informed the complainant that due to mistake the connections were deactivated and the same were activated on 27.11.13 and it was stated by o.ps. that one Mr. Umesh Jain made a complaint stating of receiving call from the telephone no.9830888379 and on the basis of such complaint the telephones were disconnected. In view of such unfair trade practice adopted by o.ps. the complainant filed this case praying for compensation of Rs.5 lakhs and also prayed for litigation cost of Rs.1 lakh and other reliefs.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the case is not maintainable and it was barred u/s 7B of Indian Telegraph Act. It was also stated that the redressal mechanism prescribed under the Special Act TRAI whereby it was specifically mentioned that the telecom services would be regulated charges will be fixed as per the provision of the said Act and there is also an appellate authority in respect of the order passed by TRAI. In this respect o.p. cited a ruling as reported in 2009 AIR SEC 5631 and stated that the ratio decided in the said judgment is also being followed by Hon’bke National Commission as well as Hon’ble State Commission. It was stated that the complaiannt at the time of applying for connection filled in the form and it was stated that as per the norms the mobile connections are non transferable and the complainant had violated the norms by assigning his mobile connection to his family members. The o.p. received a specific complaint from mobile no.9830121212 wherein the sender informed that he had received a promotional / tele marketier message from one of the mobile no.9830888399 as the sender’s name was included in the ‘do not disturb list’. The o.p. was bound to disconnect the mobile connection of the complainant as per the regulation and process as discussed in the objection. It was also stated that as per TRAI guideline any other connection given to the tele marketier from the existing base (pre paid and post paid) all such connections given to the same name and address must also be disconnected. As a matter of fact the o.p. received a complaint withdrawal e-mail from the customer who made the complaint for UCC violation and accordingly the o.p. restored all the mobile connections of the complainant. In view of the facts and circumstances as stated above o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the mobile connections of the complainant were disconnected on the basis of the complaint.
- Where the disconnection was made as per the Act.
- Whether the complainant sustained any loss due to such disconnection.
- Whether there was any deficiency in service on the part of the o.p.
- Whether the complainant will be entitled to get any relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant is a subscriber of five mobile connections including the connections enjoyed by his family members. Thos connections were used by the complainant and his family members for the purpose of their business and also for keeping contact with relatives and other requirements. Those connections were most integral part of the life of the complainant. All on a sudden the connections were disconnected on 13.11.13. On making enquiry the complainant came to learn that one Umesh Jain made a complaint regarding the connections for which those connections were disconnected. Ld. lawyer for the complainant emphasized that the o.p. expressed their regret by a letter dt.21.11.13 for disconnection, as such o.p. admitted their fault in writing and since the complainant suffered business loss during the said period therefore the complainant prayed for compensation as well as damages.
Ld. lawyer for the o.p. argued that the disconnection was made due to the information received from the mobile no.9830888399 and on the basis of such complaint, the o.p. tried to get in touch with the complainant on 12.11.13 and also on 13.11.13 but the complainant remained unreachable. Since the complainant could not be contacted the o.p. disconnected the mobile connections. The message which was sent by o.p. before disconnection whereby it was stated that “Dear Customer, We are in receipt of a directive from TRAI dt.24.5.13 to disconnect the registered TMS sending commercial / promotional SMS or calls, hence we are constrained to disconnect your number, for further details you can contact 111 or 98300”. The o.p. followed the TRAI guidelines and after due diligence disconnection was made. Ld. lawyer for the o.p. in support of his contentions relied on TRAI Regulations under Regulation 18. It has been explicitly stated that if the investigation under Sub Section 8 the originating access provider finds that unsolicited commercial communications as originated from a subscriber who is not a registered as a tele marketier with the authority it shall – (a) disconnect of telecom resources allotted to the subscriber and (b) enter the name and address of such subscriber into the black list maintained under Regulation 18. AS per the said regulation the o.p. had to disconnect the connections and accordingly ld. lawyer for the o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it appears that the complainant had two
Numbers which he used to enjoy for his personal enjoyment and three other connections are enjoyed by his family members and those connections were obtained from the o.p. The o.p. disconnected the connections because of the fact that a message was received from the TRAI for taking measure against the complainant for which the disconnections were made. it is found from the materials on record that the complainant could not produce any document that his name was registered as per the TRAI Regulations for commercial communication from the said connections and as per TRAI Regulation under Regulation 18 it has been explicitly stated that if after investigation under Sub Section 8 the originating access provider finds that unsolicited commercial communications as originated from a subscriber the authority as the power to disconnect the telecom resources allotted to the subscriber. From the materials on record it is found that the o.p. before disconnection of the mobile connection of the complainant tried to make contact with the complainant but failed to contact with the complainant. Ultimately a message was sent whereby it was stated the o.p. received a directive from TRAI dt.24.5.13 to disconnect the unregistered TMS sending commercial / promotional SMS or calls and accordingly in the said message it was also mentioned that the o.p. is constrained to disconnect the number and also gave the number for contact for having details regarding the said disconnection of the mobile connections of the complainant.
Since the o.p. acted as per the rules and regulation s of TRAI and acted on the basis of the message received from TRAI therefore it cannot be said that there was any deliberate action taken by o.p. to cause any mischief to the complainant or there was any deficiency in service on the part of the o.p. In view of the facts and circumstances as stated above we hold that the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.215/2014 is dismissed on contested without cost against the o.p.
Supply certified copy of this order to the parties free of cost.
