Date of Filing: 21.06.2017

Date of Order: 02/11/2017

ORDER ON MAINTAINABILITY

BY SRI.SYED ANSER KHALEEM, PRESIDENT

1.         Perused the complaint and the objections raised by the O.p. It is the specific case of the complainant is that, who availing the service of the O.P has taken postpaid connection and alleged that international roaming service was active even after pack expiry date on 30^th April and applicant’s phone consumed 40 MB  data on 30^th April  after the pack had expired.  Further alleged that complainant has been charged thousand times the standard rate.  The complainant phone was disconnected on 30.04.2017.  In spite of the communication Vodafone blatantly refused to help  out the customer citing their policies and charges for international roaming  and for other reasons complainant filed this complaint.

2.         Whereas the counsel for the O.P by filing objection regarding maintainability of the complaint by questioning territorial jurisdiction of this Forum.

3.         It is pertinent to note that when the objections touchs to the route of the jurisdiction of this Forum and it will come forefront among other issues.  It being the pure question of law it can be considered as preliminary point to decide on the basis of complaint averments and the objections, the following points are arise for our consideration:-

1. Whether the complaint brought by the complainant is hit by territorial jurisdiction of this Forum?

2. What order?

4.       Our answers to the above points are:-

POINT (A):   In the Affirmative.

POINT (B):   As per the final order

for the following:

REASONS

Points No.(A) and (B):-

5.         On going through the complaint averments along with the documentary evidence i.e. bills produced by the complainant it clearly discloses that complainant initially subscribed Vodafone connection at Mumbai Circle and billing address is also given i.e. MS Sonam Srivastava, RM N-203 , 2^nd FLR MORYA CRYSTAL APT. MAKAL KADAM WADI SANTACRUZ EAST NR NIRAL HOSPITAL NR GREEN FIELD APT, MUMBAI-400 055 and also address of the O.P clearly depicted in the bottom of the said bill i.e. Vodafone India Limited: 2^nd Floor, SkylineIcon, 86/92, Andheri-Kurla Road, Marol Naka, Nr MittalEstate, AndheriE, Mumbai-400059. Further all communication from the complainant to the O.P made from Mumbai only. Therefore, all these facts amply establishes that this Forum has no jurisdiction to try the matter as the same is not come under the circle of Karnataka, but it will come under the Mumbai circle. Under the circumstances, we hereby proceed to pass the following order:

ORDER

The complaint is hit by territorial jurisdiction and hence it is hereby order to return the complaint to the complainant with a liberty to approach competent Forum having territorial jurisdiction. Accordingly complaint is disposed-off.

(Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 2^nd   Day of November 2017)

 MEMBER                       MEMBER                     PRESIDENT

*Rak