Delhi

East Delhi

CC/506/2014

J.C DHAWAN - Complainant(s)

Versus

VODAFONE - Opp.Party(s)

15 Dec 2016

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         506 /2014

                                                                                                  Date of Institution      –         16/07/2014

                                                                                                  Order Reserved on                15/12/2016

                                                                                                  Date of Order         -               16/12/2016  

                                                                                                        

In matter of

Mr. J C Dhavan, adult   

S/o- Late Sh. Bodh Raj Dhavan   

R/o-126, Shankar Nagar,

Nr East Azad Nagar, Delhi 110051…………………….……..…………….Complainant

                                                                  

                                                                     Vs

M/s Vodafone     

A-2, 1^st Floor, Gali No. 1

Madhu Vihar, Delhi 110092………………………….………………………….Opponent

 

Complainant’s Advocate ………………………C S Bhandari  

Opponent ……………………………………………..Ex Parte 

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari               Member                                                                                                   

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari, Member 

Brief Facts of the case                                   

Complainant surrendered SIM card of phone no. 9811128740 and cleared earlier dues Rs 1100/- as full and final amount to OP office vide receipt no. 2188 on dated 21/09/2013 marked as Ex CW1/1. He had purchased another number as 9811085412. He was getting monthly bills for surrendered phone even after paying old due.

Complainant’s second SIM for 9811085412 was blocked by OP for nonpayment of earlier mobile’s bill (9811085412). Complainant sent legal notice to OP for restoration of second mobile which was restored, but getting pending dues for 9811128740 by OP, complainant suffered mental and physical harassment, so filed this complaint claiming compensation of a sum of Rs 50,000/-for deficiency in services by OP with litigation charges Rs 20,000/- and restraining from disconnection of present mobile no. 9811085412.

Notices were served. OPs neither put their appearance nor submitted written statement. Postal department tracking showed that notices were served. So, the case proceeded Ex Parte. Complainant submitted its Ex Parte evidences on affidavit which were on record and were non controverted.  Arguments were heard and order was reserved.

We have gone through all the facts and evidence of case. It was seen that amount of Rs 1100/- was deposited with OP vide Ex CW/1/1 which endorsed as “No dues –Payment full and Final” where as CW1/1 also showed imprint of “Not Against full & final settlement” and complainant had put his signature on it.

There was no other evidence put on record to show that he was getting regular bills for dues of surrendered SIM of mobile no. 9811128740. Also, no evidence on record to show that his present mobile (9811085412) was blocked and restored.

So, we come to the conclusion that complaint has no merit and deserves to be dismissed, so dismissed without cost.  

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs  Harpreet Kaur                                                                                                 (Dr) P N Tiwari

Member                                                                                                                   Member                                                                                   

                                                          Shri Sukhdev Singh

                                                                       President