Can we file a case in Consumer froum against mobile company

Sharad   Ji,

                        Can     U   Provide    the    complete    Judgment    of  Telecom   Manager   vs   M.Krishnan??      It   will    be    helpful     to   all    the    LCI   Members.......For    guidance   &     future    reference.

Respected Sir Pranam, I haven't found you since a lonlg time in LCI. Welcome again.

I am attaching the judgment. But I think every cause of action is not barred. Only those are barred which are mentioned under Sec 7B of telegraph Act. If there is other deficiency in service, consumer forum should have jurisdiction.

well unfortunately this judgment has created a big trouble for cellular phone consumers.

I have filed a Revison Petition, arising out of a telecom dispute, before the National Commission at New Delhi....The Sate Consumer Disputes Redressal Commission, Haryana followed the SC judgment and allowed the appeal of a Telecom Company.

I have explained in the petition how the said judgment has been passed sub-silentio and is contrary to the written text of law.

My petition is listed for next month before the National Commission at New Delhi.

Till then I can not divulge much of details keeping in view the professional Committments with my client.

If the favourable orders are not passed then certainly we will be moving to SC.

But one thing is clear that the M Krishnan's judgment is not a good law and requires reconsideration.

Lets hope for the best :)

yes, you are right. But , Do you know , a case has been decided by Consumer Forum, Feerozfpu , a very good judgement given by hon'ble Sanjay Garg. This case cannot be used as citation but it will be quite useful in your case before National Commission

The link of aforesaid case is below

https://www.lawyersclubindia.com/forum/consumer-court-remedy-V-s-Pvt-cellular-service-providers-12623.asp

Dear Sharad,

the Consumer Dispute Redressal Forum, Mumbai has ordered against a mobile phone service providers to pay compansion to an individual. The Consumer Court, having admitted the case and delivered judjment; means mobile phone service providers falls under Consumer Court's juridiction. I have copy of such news paper cutting, if you provide me <help-line1@hotmail.com> OR <bharat_gandhi6@hotmail.com> your mail id, I will scan and mail you the same.

Regards.

Bharat Gandhi

093225 05010 / 022 6671 3838

YOU MAY USE THE FOLLOWING.:

STATE CONSUMER DISPUTES REDRESSAL COMMISSION ,PUNJAB,CHANDIGARH

SPICE COMMUNICATION PVT. LTD.

            VS

GURINDER KAUR AND ANR

HON'BLE MR. JUSTICE S.N.AGGARWAL,PRESIDENT

MRS. AMNAPREET SHARMA, MEMBER

FIRST APPEAL NUMBER 1172 OF 2009

PUBLISHED IN CONSUMER PRTECTION AND TRADE JOURNAL 2010 PAGE 688

" MOBILE SERVICE PROVIDERS ARE NEITHER GOVERNED BY SECTION 7-B OF THE INDIAN TELEGRAPH ACT,1885 NOR THE JURISDICTION OF THE CONSUMER FORUM OVER THEM IS OUSTED,RATHER IT GETS PROTECTED."

ORDER

Dear Bharat,

Kindly send the publication to me at:

kumardoab@gmail.com

I wanna ask whether central government has issued any notification amending telegraph act or supreme court has over ruled ruling of General Manager telecom V/s  M  Krishnan.

Dear Sir,

Please help me to disclose mega fraud from telecom sector.. I am suffering to seek justice since 11/03/2011 but due to corrupt judiciary its not possible for me to do anything. Please check this page for evidences & other detail. This is not a simple case, it is a case of a mega fraud & value is greater than 3G scam. so please help me to disclose this fraud. To see the detail please visit the page

https://www.facebook.com/IdeaCellularfraud

You will get every evidences here. so please visit once.

From,

Atal Paramlal Ahirwar

Dated: 1^st July 2013.

To,

The Honorable Chief Justice,

Supreme Court, Gov. of India,

New Delhi,

            Sub: Harassment & torture by Idea Cellular Ltd. & Honorable

                     Consumer Court, Thane, Maharashtra.

Respected Sir,

            I Atal Paramlal Ahirwar, filed case against Idea Cellular Limited in “THE HONORABLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM THANE.” On 11/03/2011.

Sir, from the date of filing my complaint court did nothing against IDEA CELLULAR LTD.

Whenever court needs court passed order to me that “Do this or do that” But court don’t want to ask anything to IDEA CELLULAR LTD. If this is the way of working of court I will never get justice in future too.

Sir, I am providing the detail below:-

1)      I filed complaint against IDEA CELLULAR LIMITED on 11/03/2011.

i)                    Before filing the complaint against IDEA CELLULAR LIMITED I was the “SELECT PRIVILEDGED MEMBER” customer of IDEA CELLULAR LIMITED. I always made payment on time. Because of my regular payment & most of the payments in advance IDEA CELLULAR LIMITED made me “SELECT PRIVILEDGED MEMBER” of the company. Also company increased my credit limit from time to time. Company increased my credit limit from Rupees 1000.00 to 22200.00

ii)                  Company stopped my services from 4/10/2011

iii)                Last bill I received from company in November 2011 with credit limit of 22,200.00

DISPUTES & HARRASMENT BY IDEA CELLULAR LTD.

1)      First time disputes started when I started using company’s internet service. For internet services I paid Rupees 6000.00 advance for one year advance rental plan in June 2009.I paid Rupees 500.00 in cash & Rupees 5500.00 in cheque on 13/06/2009.

2)      Till Date Company never accepted that I made a payment of Rupees 5,500.00. Many times I submitted my bank statement to concerned authorities of company.

3)      Company charged me Rupees 3,179.00+tax in my July 2009 bill as a Onetime charges. I enquired regarding that from their customer care executive but executive refused to provide me the detail & told me that first pay the bill then make the complaint for excess charged. I paid the bill according to commitment with executive. After making payment I called executive then he told me that you will get the credit of that extra charges in your next bill.

4)      When I received my August 2009 bill, I didn’t receive any credit from their side. Also Rupees 170.36 balance displayed on my bill with other credit & charges of Rupees 50.00. Total is (170.36+50)=220.36

5)      Again I contacted customer care then again I receive the same reply that first pay the bill then raise the complaint. I denied paying this 220.36 Rupees.

6)      Without any reason & notice company stopped services of my both the numbers(9822507584, 9011028584) from October 2009.

7)      I called Nodal Officer, Mrs. Sanyogita Kulkarni regarding that. She told me that, “Please first clear all your dues & if company charged you excess amount in any month will refund you in your next bill.

8)      After communicating with Nodal Officer I paid full amount which reflecting on the bill through net banking.

9)      Company started my services again but never paid refund.

10)  Again I called Mrs. Sanyogita Kulkarni but in this time she told that, “Company did nothing wrong with you & if you have any problem then file complaint in court.

11)  In September 2011 Company charged me Rupees 2,156.00 as SMS charges. I contacted customer care. I told customer care executive that SMS charges are not according to my plan. Then customer care executive told me that first pay the bill then company will check the detail. Because of my previous experience with company I refused to pay the bill. I sent the mail on 20/09/2011 to Grievance/Bill Desk & Appellate Authority of IDEA CELLULAR LIMITED with CC Mark to TRAI regarding the matter. But I didn’t receive any feedback from any concerned authority.

12)  Finally I stopped to pay the bill & company also stopped my services from 05/10/2011.

13)  Also without my permission company issued my both numbers to other subscriber.

HARRASMENT BY HONORABLE CONSUMER COURT, THANE

1)      I filed complaint on 11/03/2011 in HONORABLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THANE.

2)      I submitted each & every documents according to requirement which checked & approved by Registrar.

3)      As per court requirement I submitted four sets of complaint & related documents with necessary fees.

4)      Also as per court requirement I submitted one long envelope with necessary stamps pasted on it with opponents address.

5)      Court gives me 17/06/2011 for hearing the case.

6)      I presented in court on 17/06/2011 but opponent absent on that date.

7)      Court issued order on 17/06/2011 that complainant’s case admitted in court & for reply notice to be sent to opponent.

8)      Second time court without any reason issued order to me that submit the change of address of Opponent on next hearing.

9)      This order Honorable Court issued on 24/11/2011& it was ninth hearing of court & always opponent absent. Without taking any action against opponent court issued order to me.

10)  Its fact that the address I provided is IDEA CELLULAR LIMITED’S Maharashtra headquarters. From the date of starting services in Maharashtra to present date there is no any changes of IDEA CELLULAR LIMITED headquarter.

11)  Again on Eleventh hearing i.e. 16/01/2012 court issued order for my presence in court. On that day I was absent. But court issued nothing against opponent.

12)  On twelfth hearing i.e. on 13/02/2012 I again told Honorable court that address is correct & I also receives notice from IDEA CELLULAR’S advocate. I also showed the copy of notice to Honorable Judge Mr. M.G. RAHATGAONKAR & Honorable Member Mrs. JYOTI IYER. Then court agrees that the address which I provided is correct.

13)  In this time i.e. on twelfth hearing court issued order against IDEA CELLULAR that notice with all detail to be sent to IDEA CELLULAR with registered post with return receipt.

14)  On Thirteenth hearing i.e. 23/04/2012 opponent advocate present but I absent on that date. On same date court issued order to opponent to submit the written statement.

15)  On seventeenth hearing i.e. 02/04/2013 again opponent’s advocate present in court. In this time HONORABLE JUDGE Mr. UMESH V. JAWALIKAR told nothing to opponents advocate. He issued order that I will give all the related documents to opponent. I again & again demanded action against IDEA CELLULAR. He avoids listening a single word from me.

16)  On eighteenth hearing i.e. 21/05/2013 I received written statement from opponent. This time again I demanded action for absent of IDEA since long time. But HONORABLE JUDGE Mr. UMESH JAWALIKAR again avoided me. He also told me that, “if this time opponent was not present then definitely I will issue the ex-parte order”.

17)  Under RTI Act I demanded all the detail of my case & for the same I submitted the application on 02/04/2013. The Court provides me the detail on 21/05/2013. But in that all documents there is no any acknowledgement receipt I found that when court sent the notice & when opponent receive the notice.

Note: Both the hearing in front of HONORABLE JUDGE Mr. UMESH

          JAWALIKAR done when no other person except court authorities I myself

          & opponent advocate was present in the court (First Time only six members

          Were present in court. Out of these six members four Members were court

          Members, Fifth me myself & Sixth were opponent’s Advocate. Second time

          Only seven members were present in the court. Out of these seven members

          four members were court member, Fifth me myself & Sixth & Seventh

          were Opponents Advocate & Company representative Respectively. I am

          providing the detail below what happened in these two hearings:-

1)      On first hearing announcer didn’t announce my name for hearing though my name was not in end. On that day all hearings finished before 12.30. When HONORABLE JUDGE Mr. UMESH JAWALIKAR stands up to leave the court. I asked why my name didn’t announce. Then court attendant told me that you are special case so your hearing will start in second half. What happened in this hearing I already mentioned above.

2)      In second hearing, when hearing started at 11.15 a.m. opponent advocate Mrs. PRATIKSHA MAPARA told to HONORABLE JUDGE that company representative comes to provide all the detail of the case. But she wants to collect him & she will back within 10 minute. Court permits her. Before this I already informed court attendant that I am not feeling well, so as soon as possible start my hearings. All that day’s hearing finished but opponent advocate or company representative didn’t appear in front of court. When HONORABLE JUDGE stands up for leaving the court I asked him regarding my case but he told nothing. Court attendant told me that you are special case & your matter is on hold & will continue in second half. But when hearing started in second half HONORABLE JUDGE didn’t ask anything to company representative or advocate MAPARA for disturbing court while hearing. Also HONORABLE JUDGE didn’t ask anything for their late coming & wasting of court’s time.

3)       On both the hearing advocate MAPARA showed a little brown envelope to court that I sent that envelope to her. I asked her to show me the envelope with the letter. But she refused by saying that it sent by you then why you want to see. HONORABLE JUDGE also supports her.

4)      While filling the complaint I submitted four sets of documents. From these four set one set was for opponent. I also submitted one big size envelope for documents with opponents address on it with stamps.

5)      When 21/05/2013 s hearing finished & I came out from court. Opponents advocate with company representative also came out from court. On staircase advocate MAPARA told me that, “the written statement she provides me contains another court notice. So read it carefully otherwise I am not responsible for court action which court will take against you.” I told her don’t take interest in my personal matter whatever court will decide I am ready to face. She told me BAHUT PACHHTAOGE, I avoid her & went to my way.

Sir, with this application I am submitting all the related documents with court hearings, So that you can know the actual facts that what is happening with me in this court. Why HONORABLE JUDGE favoring IDEA CELLULAR LIMITED. I am requesting from YOUR HONOUR that future proceedings will start under CCTV surveillance in presence of higher authorities from Supreme/High Court with press reporter’s presence.

SPECIAL REQUEST: Sir, I have doubt that company operating some dummy 

                                       Account. I tried to collect information through RTI but till                                        date my application didn’t reach to concerned authorities.

EVIDENCE TO SUPPORT THIS SPECIAL REQUEST

1)      I made payment of rupees 5500.00 by cheque on 12/06/2009 & amount debited from my account on 16/06/2009. Till Date Company denied that I made such payment.

2)      Many times I submitted my bank statement to concerned person by email & also submitted at their gallery.

3)      Whenever I demand regarding this payment they demands proof from me.

4)      I tried to collect information from TRAI under RTI regarding company but all my RTI application stopped. (It may possible that someone from TRAI involves leaking this information to IDEA Cellular & Idea cellular stopped this application by paying some bribes to the concerned postman or delivery boys.(I also sent all my RTI application on TRAI emails too)

5)      First time I sent my RTI application through registered post on 29/05/2013 but this application returned to me on 08/06/2013 & the reason written on it in hindi was,”3.15 baje lene se inkar” & date was 03/06/2013

6)      Second time I sent this RTI application again on 11/06/2013 through registered post but till date it’s not delivered on destination.

7)      Third time I sent this RTI application again on 24/06/2013 through DTDC courier but till date it’s not delivered on destination.

WITH THIS APPLICATION I AM SUBMITTING FOLLOWING DOCUMENTS:-

1)      Copy of RTI application.

2)      Complaint filed in Consumer Court.

3)      Consumer Court’s daily order.

4)      Idea receipts.

5)      Axis bank statement.

Thanking You.

Yours Faithfully

Atal Paramlal Ahirwar

Cell No: +91-7666680585

Email: atalahirwar@yahoo.com

ADDRESS:

606, SHIV SHANKAR CO-OP. HSG. SCY.,

AMBIKA NAGAR, STATION ROAD, ULHASNAGAR,

THANE – 421004. MAHARASHTRA.

INDIA.

According to me I feel the above affidavit has not been properly drafted. Also I am not able to presume that the Consumer Forum was corrupt. Did you complain or make an appeal to the State Consumer Commission. But one thing I agree. The staff at Consumer Forum behave as though they are doing us a favor. They not only ask us to bear the postage expenses, but even one has oneself to go to the Post Office and send the communication from the Forum by Registered Post. 

I feel the State Government is failing some where.

Dear Sir,

Your suggestion are good. But this case is different than other case. I am sure that there is a syndicate in consumer court, thane who is working for telecom sector companies. Sir can you justify the behaviour of consumer court, I am providing the detail below:-

1)   My case registered in consumer court,thane on 11/03/2011.

2)   First time Idea cellular representative appear in court on 9th hearing on April 2012 i.e. after a year from the registration of case.

3)   Again second time Idea cellular representative apear in court after a year from their first appearance on April 2013 i.e. after 24 month from the date of registration of case.

4)   Court never asks a single question from company though I was continuous demanding ex-parte order. Also what I demanding from court it never reflected in their daily order.

5)     So many times honorable judges intentionally harrased me by asking that submit the correct address of opposite party but court never provides me that any notice sent to idea cellular.

6)      Intentionally court demands my tax papers from me but never demands such paper from idea cellular though I am continuous demanding CBI enquiry.

7)       Sir, there are so many evidences I submitted in my page on facebook please check atleast once then tell me I am doing that is right or wrong.

https://www.facebook.com/IdeaCellularfraud

I do not know whether your appeal to Supreme Court will give any good result. Also it is far away in Delhi. Still I suggest that you file an appeal before the State Consumer Commission, which is only in Mumbai near CST station.

Everyone knows that cases in India get indefinitely delayed. In many cases it is purposely done by the opposite lawyer, particularly when he finds that he has no case. Lethargy of the judges and other court personnel also largely contribute to delays.