Section 7B of the Telegraph Act, 1885 says that disputes should be referred to arbitration for resolution and that the arbitrator will be appointed by the Central Government. Telegraph and later telephones were under Government Departments and I would think that was the reason for the provision for the intervention of the Central Government.

Where was 1885 and where is 2013? Why it is called a Telegraph Act and not a Telegraph and Telephones Act? It may be because there were no telephones in 1885. Were any private telegraph connections given at any time. Probably very rich and corporates were taking private connections and appointing Morse Code operators to operate them. I have heard that during the Dandi march of Mahatma Gandhi, foreign journalists rushed to the nearest telegraph office to transmit message to their head-quarters. Some years back (in the 21st century only) sending of the last message by Morse Code was celebrated in the US. Later in India the sending of the last telegram was celebrated. Telegraph offices are closed since. But Telegraph Act still remains untouched.

Where were telegrams in the 19th century and where are cell phones and emails in the 21st century?BSNL and MTNL are Limited companies though in the public sector. Mr. Jehangir Ghai, the noted consumer activist was an Office Bearer of Mumbai Telephone users Association. In 2010 he successfully made an appeal before the National Consumer Commission and got stay of an order of the Maharashtra State Consumer Commission.

"Old order changeth yielding place to new", said Tennyson. But in India museum pieces are still not relegated to museums.

Mr. Krishnan filed a case against the telephone department before the Consumer Case at Kozhikode and won. The Department went to the High Court at Ernakulam, but lost. Unlike Krishnan the Department was mighty and went to Delhi before the Supreme Court. Neither Krishnan nor his lawyer appeared before the Supreme Court.  Probably they could not afford to go there for a small amount of Rs.5000/-. His side of the case was not presented before the Supreme Court.

Our Supreme Court criticize laws passed by our own Parliament and say that they are unconstitutional. But the archaic laws passed by the British stay for ever even after the telegraph department has become defunct. Were there Consumer Courts and Consumer rights awareness in 1885?

Dr. Ramani is right.

 

1. Consumer Forums can decide telecom cases…………….

The following judgments should be helpful.

>> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FEROZEPUR

C.C. No.180 of 2009

                                                                                    Date of Institution: 9.4.2009

                                                                                    Date of Decision: 11.9.2009 

Lakhbir Singh,  

                                                Versus  
1.        Aman Arora Telecom, Dulchi Ke Road, Opposite Guruduwara 
Market, Basti Kamboj Nagar, Ferozepur City, Tehsil and District  
Ferozepur, through its Proprietor Aman Arora. 

2.        Bharat Sanchar Nigam Limited, Telecom (Mobile), Ferozepur Cantt, 
through its General Manager. 
                                                                                                      ……… Opposite parties 
                Complaint under Section 12 of the Consumer Protection Act, 1986. 
 

>> NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

REVISION PETITION NO. 2775 OF 2007

 

 

(Against the order dated 28.05.2007 in First Appeal. no. 547 of 2007 of the Andhra Pradesh State Consumer Disputes Redressal Commission,

Hyderabad)

 

Vodafone Essar South Ltd

Formerly Known as Hutchison Essar South Ltd

Vs

Arvind Reddy

https://164.100.72.12/ncdrcrep/judgement/00110926160223684RP27752007.htm

 

2. It was learnt that Delhi High Court has has passed a judgment that complaints of consumers of mobile telecom companies can be lodged in consumer forums and consumer forums can decide such consumer cases. However the name of company etc is not confirmed. If any one can provide it this shall be helpful.

https://www.lawyersclubindia.com/forum/Re-Delhi-hc-quot-consumer-court-can-decide-mobile-phone-consumercase-51892.asp#.UlEbItKAqWM

 

3. Firms must respect right to information

https://www.hindustantimes.com/StoryPage/Print/1115708.aspx

This is an interesting publication.

 

4. TRAI Consumer Protection Guidelines

https://www.trai.gov.in/Content/mpci.aspx

All consumers should go thru it.

The handbooks for consumers of Mobile Connections and Broadband are also attached.

 

Please keep this interesting thread updated.

Attached.

This is for all those who doubted the jurisdiction of Consumer Fora

Regarding Civil Appeal No.7687 of 2004 before the Supreme Court

Appellant:   General Manager, Telecom

Respondent: M. Krishnan and another

It is significant in this case, the Appellant, General Manager, Telecom, the representative of a giant with resources appeared before the Supreme Court.

Mr. Krishnan, the Respondent did not go to Delhi from Kozhikode to appear in the Court. The probable reason may be that Mr. Krishnan was an individual with limited resources.  Secondly the dispute involved a paltry sum of Rs.5000/- not worth going to Delhi.

The case was decided ex-parte the Respondent. There were two points involved in this case.

1.      Is disconnection of telephone line for non-payment telephone bill justified? From the amount of information available, it appears to me that a service producer stopping service for non-payment of his bills is justified. But the Consumer Forum decided otherwise. They would have had their own reasons for it. Any way that is not the main point in this case.

 

2.      The Consumer Forum has no jurisdiction over the Posts & Telegraph Department of the Government of India in view of Section 7B of the Indian Telegraph Act, 1885.

 

Aggrieved by the order of the Consumer Forum, the Telecom Department appealed to the Kerala High Court twice. The appeal was dismissed on both the occasions. Hence the Appellant came to the Supreme Court in 2004.

 

According to Section 7B of the Act any dispute between the Telegraph Authority and the person to whom a service is provided should be referred to an Arbitrator appointed by the Central Government. In other words in a case involving Rs.5000/- the consumer should seek the appointment of an arbitrator. And the arbitrator will be appointed by the Government itself in a case against the Government. Apart from this being unfair, is this not like using a sledge hammer for a swat fly?

 

The dates in this case are significant. The cause of action first arose in 2001 when the Consumer Forum gave its orders against Telecom Department. BSNL was formed in the year 2000. Probably it had not yet reached Kozhikode by 2001 and P & T Department was still ruling there. I do not know exactly when BSNL reached there. But by the time the case reached the Supreme Court in 2004, I would imagine that it would have been BSNL at Kozhikode. BSNL is a public sector undertaking and to the best of my knowledge, it would not be under the Telegraph Authority and Section 7B of the Indian Telegraph Act would not apply. Probably after the Supreme Court judgment Mr. Krishnan could have gone to the Consumer Forum again, against BSNL.

 

There are millions of telephone users in this country including both land-lines and cell-phones. There would be lakhs or at least thousands of complaints against the service providers. If all of them have to go to the arbitrator, what for are the Consumer Protection Act and the Consumer Courts?

 

 

Is it not waste of tax-payer’s money and the time of the judiciary to first go to the High Court twice and then to the Supreme Court for a paltry Rs.5000/- This is plain arrogance.

Dear Sir

 

 

Dear Respected Citizen of India,

 

 

 

I am fighting against corrupt judiciary who is protecting a fraud company Idea cellular ltd. So please support me to disclose the one of the biggest scam from telecom sector. It have value more than 3G Scam. For evidences & other detail please visit my page

 

https://www.facebook.com/IdeaCellularfraud

Dear Sir

 

 

Dear Respected Citizen of India,

 

 

 

I am fighting against corrupt judiciary who is protecting a fraud company Idea cellular ltd. So please support me to disclose the one of the biggest scam from telecom sector. It have value more than 3G Scam. For evidences & other detail please visit my page

 

https://www.facebook.com/IdeaCellularfraud

Dear Sir,

I am sure that there is a syndicate in counsumer court to do favor to telecom sector companies. Ever you heard that any consumer court did any favor to any consumer related to Idea cellular.So,please support me to disclose this scam. This scam is greater than 3G scam. For evidences & other detail please check my page

 

https://www.facebook.com/IdeaCellularfraud

If you find anything wrong then please ask me so that I clarify the matter in detail.

Please Refer Point No. 13 for Scam Amount

HONORABLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THANE

 

AT THANE

 

 

 

                                                                                                            C.No:  CC/96/11

 

 

 

ATAL PARAMLAL AHIRWAR

 

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

 

AMBIKA NAGAR, STATION ROAD, ULHASNAGAR,

 

THANE – 421004.                                                                                         Complainant…….

 

 

 

                                                            V/S

 

 

 

IDEA CELLULAR LIMITED.

 

11/1, SHARDA CENTRE, ERANDWANE,

 

OFF. KARVE ROAD, PUNE - 411004.                                                       Opposite Party………

 

 

 

 

 

Rejoinder to Opposite party for its written statement dated 21^st May, 2013 is as Under:

 

 

 

 

 

MAY IT PLEASE THIS HONORABLE FORUM

 

 

 

1)      The Complainant states that the complaint filed by him is true and correct & based on evidences. Complaint admitted in this Forum after the Verification & Approval from The Honorable Registrar Mr. Vilas Pawar. If Honorable Registrar didn’t object the format of the complaint then Opposite Party don’t have right to ask for the same.

 

 

 

2)      The Complainant states that Opposite Party is not a Telegraph Authority. The provisions of Section 7(b) of the Telegraph Act can only be invoked when there is a dispute between the Telegraph Authority & the consumer hence The Section 7(b) of The Indian Telegraphic Act is not applicable for the same. The Telegraph Authority has been clarified by the Honorable Delhi High Court in writ petition 8285 of 2010 J.K. Mittal v/s Union of India. The General Manager of the MTNL & BSNL are covered by the definition of the Telegraph Authority. The private operators are not covered. Order copy attached with this rejoinder.(Evidence- E1-6 pages)

 

 

 

3)      The complainant states that all the contents of the complaint are true & correct & complainant also states that Opposite Party having ill-intention to destroy the carrier of Complainant. If Honorable Court checks every evidence seriously then Honorable Court will definitely declare that Idea Cellular is a fraud  Company. To prove that Complainant was a loyal consumer of Idea Cellular, Complainant submitting his credit limit report with this rejoinder.

 

 

 

4)      The Complainant states that the complaint filed in good faith & to seek justice from Honorable Forum. In the other way Opposite Party trying to destroy the carrier of complainant. Opposite Party filed Summary Suit in THE CIVIL COURT JUNIOR DIVISION, ULHASNAGAR with ulterior motive. Not only Opposite Party file the Summary Suit but also succeed to issue summons against Complainant from the respected CIVIL COURT JUNIOR DIVISION. After that Opposite Party informed Complainant in its written statement which filed on 21/05/2013. Matter required investigation from HIGH COURT that how summon issued by CIVIL COURT JUNIOR DIVISION, ULHASNAGAR without any notice. CIVIL COURT JUNIOR DIVISION,ULHASNAGAR also denies Complainant’s request to show the detail of that summary suit. To know the detail Complainant filed RTI application in DISTRICT COURT, THANE on 24/06/2013. The summary of Account submitted by Opposite Party as evidence in CIVIL COURT is a great evidence against Opposite Party that Opposite Party not only extracted money from complainant & also hide the money from Government. Matter to be investigated by the Higher Authorities from The Government of India.

 

 

 

5)      The Complainant states that Opposite Party intentionally harassed complainant & trying to destroy the carrier of Complainant. Complainant made payment of 5500.00 by cheque to avail internet services of Opposite Party on 13/06/2009 & cheque credited in Opposite Party’s account on 16/06/2009. Opposite Party continuously denying that Complainant made such payment. Many times Complainant submits his bank statement to Opposite Party’s local office & also submitted many times to Opposite Party’s executive & Nodal Officer through Email. Complainant already submitted Opposite Party’s receipt & Complainant’s bank statement in this forum while submitting complaint. Complainant states that Opposite Party hide the fact from this forum & also misleading this forum. Complainant have doubt that Opposite Party having some dummy bank account & such amounts are deposited in that bank account. It may possible that later these amounts Opposite Party using to pay bribe  to corrupted officer so that these officer will do favor in future to grow Opposite Party’s business. Complainant already filed RTI application in front of TRAI to know the facts about Opposite Party.

 

 

 

6)      Complainant states that Opposite Party intentionally harassed Complainant & always trying to create situation so that complainant will change the Operator. Strict action required against Opposite Party for their illegal act.

 

 

 

7)      Complaint states that he is dealing in Electronic Security System Business with corporate sector & he is regular travelling from one state to another state for meeting with clients & also to do site survey work. It is not possible to him to search cybercafé to send or receive email from his customer & it is also not possible to him to search PCO or STD Booths to make or receive phone calls. Internet & Cell phone is necessity in this business. Complainant using his laptop to send & receive Emails & Using his cell phone to make & receive calls. Complainant states that complainant was using services of Opposite Party for making & receiving calls & checking & sending Emails. For using these services Complainant regularly paying to Opposite Party. Section 2(1)(d)(ii) applicable only when services which are further allowed to be hired or availed by others through the Complainant. Hence it is confirmed that Complainant was a consumer of Opposite Party. Please refer the order of CONSUMER DISPUTES REDRESSAL FORUM-VII, GOVT. OF N.C.T. OF DELHI dated 13/02/2013 between M/s. Vidhiman Publishers Pvt. Ltd. Versus The Managing Director, Bharti Tele Ventures Ltd. Order Copy attached with this rejoinder.(Evidence-E2- 5 pages)

 

Note: Special enquiry required to verify that Mrs. Pratiksha Mapara is really a Advocate or not?

 

i)                    Mrs. Pratiksha Mapara sent me a notice in June 2012 but there is no any signature or registration number I found on that notice. It means that notice is illegal. Also that notice I was received from CIVIL COURT, ULHASNAGAR & not by through post or courier. There was no any seal of Post Office on the acknowledgement receipt she submitted in CIVIL COURT, ULHASNAGAR. It is the matter of investigation that really Mrs. Mapara sent any notice through registered post or not?

 

ii)                  In her 18/06/2012 notice Mrs. Pratiksha Mapara states that Complainant was using services of Opposite Party from 01/04/2008 & services of Complainant was permanently disconnected on 21/12/2011. But the fact was Complainant  using services of Opposite Party from 29/09/2007 & services of Complainant was permanently disconnected on 07/10/2011. The outstanding amount she mentioned in this notice was 14,230.63 but complainant already received notice from a person Mr. Satish J Yesare in January 12 & in Mr. Jayesh Yesare’s notice outstanding amount was 14,757.25. According to my knowledge amount value will increased if defaulter will not pay dues. How it was happened that from January 12 to June 12 value of outstanding amount decreased. Matter required investigation that how many Advocates Idea Cellular hired to defend a single case? Really these persons are advocate or not? How one can find that the notice received by him without signature & registration number is legal or not? It may possible that such notices sent by some local hooligans to create the fear.

 

iii)                In para 7 of her written statement she demanded from HONORABLE FORUM that complaint to be dismissed under section 2(d)(i) & (ii). I did not found any such section in Consumer Protection Act, 1986.

 

                                                                     

 

 

 

8)      Strict action to be taken against Opposite Party & also to Mrs. Pratiksha Mapara to hiding the fact from HONORABLE FORUM & also misleading the HONORABLE FORUM.

 

 

 

9)      Complainant states that complaint has been filed with full evidence & Complainant states that many times Opposite Party extracted extra money from Complainant without any basis. When Complainant demanded clarification then Opposite Party started harassing Complainant. Hence strict action to be taken against Opposite Party. Also Section 26 is not applicable as complaint filed on basis of fact to seek Justice.

 

 

 

WITHOUT PREJUDICE OF THE ABOVE CONTENTION COMPLAINANT SUBMITS AS UNDER:

 

 

 

10)    Complainant was not a defaulter of payment in any way. He was paying the bills

 

Regularly. The Complainant. made every statement in good faith & approached HONORABLE FORUM to seek JUSTICE. In fact Opposite party tries to mess the atmosphere of HONORABLE FORUM by their suspicious act. Complainant filed complaint in good faith on 11/03/2011 but Opposite Party first time appeared in THIS  FORUM on 23/04/2012 & second time appeared on 02/04/2013 by the hidden intention of to destroy the carrier of Complainant. It clearly indicates that Opposite Party don’t have any respect towards THIS FORUM.  Opposite Party using this FORUM for time pass only. Opposite Party knows very well that HONORABLE FORUM can do nothing against Opposite Party. Hence strict action to be taken against Opposite Party for making mess of this FORUM. Also fine to be collected for wasting time of HONORABLE FORUM & Complainant. Fine to be collected on the basis of duty of HONORABLE JUDGE,HONORABLE MEMBER,COURT ATTENDANT,WRITER,PESHKAR,PEON & Complainant’s daily income as under:-

 

i)                    HONORABLE JUDGE’S HONORIUM FOR EIGHTEEN DAYS – 18,000.00

 

ii)                  HONORABLE MEMBER SALARY FOR EIGHTEEN DAYS – 18,000.00

 

iii)                COURT ATTENDANT SALARY FOR EIGHTEEN DAYS – 12,000.00

 

iv)                WRITER SALARY FOR EIGHTEEN DAYS – 12,000.00

 

v)                  PESHKAR SALARY FOR EIGHTEEN DAYS – 12,000.00

 

vi)                PEON SALARY FOR EIGHTEEN DAYS – 9,000.00

 

vii)              COMPLAINANT INCOME FOR EIGHTEEN DAYS – 27,000.00

 

viii)            TOTAL FINE TO BE COLLECTED FROM OPPOSITE PARTY FOR WASTING COURT’S TIME = i+ii+iii+iv+v+vi+vii = 1,08,000.00.

 

.Please note salary mentioned by Complainant is on approximate basis. Complainant doesn’t know the salary of court employee. Payment to be collected from Opposite Party & Mrs. Pratiksha Mapara. By making these fines HONRABLE FORUM teach the lesson to such type of ABSCONDER. If HONORABLE FORUM doesn’t want to make such fine on Opposite Party then I am requesting from HONORABLE FORUM to please clear my doubt that HONORABLE FORUM will not do any partiality with him. Complainant feels that he will not get Justice from this forum because of the below facts which Complainants submit as under:-

 

a)      Complainant  filed Complaint on 11/03/2011 but Opposite Party first time present in this FORUM on 23/04/2012. but court didn’t taken any action against Opposite Party.

 

b)      Again Opposite Party second time present in this FORUM on 02/04/2013. For this long absence but HONORABLE FORUM didn’t passed passed order?

 

c)      When second time Opposite Party present then it was the duty of Opposite Party to submit the written answer & also to submit the request letter to this forum to describe in detail for long time absence. But Opposite Party did nothing. In fact HONORABLE JUDGE passed order to Complainant to give Opposite Party all the case detail. Why such thing happens in this forum. I am not culprit I came in this forum to seek justice

 

 

 

11)     Complainant submits that the allegation raised in the complaint of harassment is true

 

   And correct. To verify the allegation Complainant request from HONORABLE 

 

  FORUM to please collect all the phone records of Complainant with Opposite Party

 

  Customer Care Executive & with Nodal Officer (Opposite Party maintaining such record for future evidences so please collect these record). With this rejoinder Complainant also submitting all the email communication with Opposite Party’s concerned person

 

 

 

12)  Complainant submits that entire billing system of Opposite Party is manipulated & the bills are not generated as per the cycle of the subscriber. Complainant submits that Opposite Party never awarded credit the money inspite of the usage of the service as a service gesture and to make customer happy all time. In para 12 Opposite Party misled the HONORABLE FORUM. If Opposite Party anytime awarded any credit to Complainant then atleast three record to be produced in front of THE FORUM. If Opposite Party fails to produce the record then heavy fine to be charged & also strict action to be taken against Opposite Party.

 

 

 

13)  Complainant submits that allegation made by him to Opposite Party regarding holding services to his both numbers from 05/10/2009 to 21/10/2009 was correct. Complainant submits that he made all the payments related to any bills. In fact Opposite Party extracts some of Rupees 5,500.00 in June 2009 & also Rupees 3,592.27 in July 2009. Complaint already submitted Receipt of Opposite Party with his bank statement & Opposite Party’s July 2009 bill as evidence while submitting the complaint in this FORUM. Many times complainant demanded clarification from Opposite Party regarding these 5,500.00 Rs but Opposite Party always denied it. Complainant have doubt that Idea Cellular maintaining some dummy bank account & such type of amount depositing in that account. At the end of financial year 2012-2013 Idea Cellular’s subscriber base was 212 lakhs. If we consider the fact that atleast one percent of Idea cellular subscriber subscribes for one year advance rental plan means 21.2 Lakh subscriber subscribes one year advance rental plan & total value in rupees is = 21.2 Lakh X 5500 = 116600 Lakhs. Matter required high level investigation. Complainant already sent this matter to Chief Justice Of India, Supreme Court, Gov. Of India.

 

 

 

14)  Complaint submits that Opposite Party has not been customer centric and never supported the Complainant. In fact Opposite Party always harassed the Complainant. Complainant submitted complaint in this forum on 11/03/2011, that time he was the “SELECT PRIVILEDGED CUSTOMER” of Opposite Party & his monthly credit limit was Rupees 22,700.00. With this rejoinder Complainant submitting the detail of his credit limit which time to time increased by Opposite Party & also submitting three bills(FEB-11, MAR-11 & APRIL-11) to support his statement. It’s a UNIVERSAL fact that no COMPANY in this world will increase the credit limit of defaulter. If really Complainant was defaulter then why Opposite Party increased his credit limits from Rupees 1,000.00 to Rupees 22,700.00 & also why Opposite Party entered Complainant to its “PRIVILEDGED CLUB MEMBER.” Atleast three bills to be produce in front of this HONORABLE FORUM from September 2007 to March 2011 which show that Complainant was defaulter. If Opposite Party fails to submit these bills in front of this HONORABLE FORUM then heavy fine to be charged & strict action to be taken against Opposite Party for misleading THE HONORABLE FORUM.

 

 

 

15)  The Complainant states that the Complainant was using Opposite Party’s services to communicate with other person through phone & emails. Complainant already submits the detail in Para seven of this rejoinder. Complainant again states that matter to be investigate that Mrs. Mapara is having legal degree of Advocate or not. If really she is having legal degree then she behaves in proper manner in HONORABLE FORUM & also respects the FORUM. I am describing one moment of her misbehaving in this FORUM. On 21^st May 2013 during the hearing she interrupts the hearing by requesting to HONORABLE JUDGE that, “Idea Cellular representative want to submit the fact related to this case but she want to collect him & she will back within ten minutes.” But she didn’t come. When that day’s first half’s all hearing finished & HONORABLE JUDGE left this FORUM for his lunch. Then Mrs. Mapara came to Complainant & asked Complainant to collect the written statement & signed it. Complainant told her that why she didn’t appear in front of HONORABLE JUDGE then she told Complainant that, “She is having lots of work & now she will have to leave the court to attend another court.”  No advocate will engage such type of illegal act. Also it’s amazing how HONORABLE JUDGE permit her. On that day she only has to submit written statement to Complainant but intentionally she wasted Complainant’s whole day.

 

 

 

16)   The Complainant states that Complainant made Idea Cellular as Opposite Party to seek justice & also to show the illegal act of Idea Cellular to this HONORABLE FORUM.  Complainant submitting the separate detail sheet with this rejoinder that how Idea Cellular extracted money from Complainant.

 

 

 

17)  In para 17 of  Mrs. Mapara’s written statement that THE HONORABLE FORUM has no jurisdiction to entertain, decide & adjudicate the said complaint because Opposite Party’s registered office is situated in Pune. Complainant states that Complainant is resident of Ulhasnagar & he approached Opposite Party to avail Opposite Party’s services in Opposite Party’s Ulhasnagar Office. Complainant resident & Opposite Party’s office both comes under Thane district. Whole Thane District comes under the Jurisdiction of HONORABLE FORUM. It is compulsory for every Dealer/Traders/Associates to issue the receipt to customer in which their office address & phone number mentioned clearly & also their registered office address with phone number mentioned clearly. But in this case Complainant found no any local address in receipt. I don’t know what law says but it is my personal opinion if you are doing business in any place it is your duty to provide local contact detail on receipt.It is clearly indicates that Opposite Party having ill intention while doing business.

 

Note: In 21^st May 2013’s daily order it states that Opposite Party filed the application for the Preliminary Issue relating to Jurisdiction & copy of this application was given to Complainant. Complainant states that Complainant receives only written statement which was also Complainant accepted by HONORABLE JUDGE’s order. Complainant wanted to check the written statement but HONORABLE JUDGE wanted to leave the forum so I accepted it without reading & checking any detail.

 

 

 

18)  The Complainant submits that Complainant was using the services of the Opposite Party since 2007. The Opposite Party extracted many times extra money from Complainant. The complainant has never been defaulted in payment of bills. The Complainant has used the services of Opposite Party till 07^th October 2011.It was fact that Complainant has never defaulted but Opposite Party intentionally made Complainant defaulter to justify its illegal act of extracting extra money regularly from Complainant. Opposite Party filed summary suit in CIVIL COURT JUNIOR DIVISION with ill intention to justify its illegal act. Complainant didn’t receive the single notice from that court. Complainant knows the matter from written statement of Opposite Party which submitted by Mrs. Mapara on 21^st May 2013. On 14^th June 2013 when Complainant tries to check the matter in CIVIL COURT JUNIOR DIVISION, he found that summon was issued against him & also copy of decree order was attached with that summons. Complainant demanded detail from HONORABLE JUDGE  of CIVIL COURT for this matter but HONORABLE JUDGE rejected the demand. Complainant filed RTI application to get this detail but till date Complainant didn’t receive any detail.

 

 

 

19)  The Complainant submits that the present complaint filed by Complainant in good faith on 11^th March 2011. On that time Complainant was the “SELECT PRIVILEDGED MEMBER” customer of the Opposite Party & that time monthly credit limit of Complainant was Rupees 22,700.00 To support this point Complainant submitting the bills of Feb-11, Mar-11 & April-11 with this rejoinder. Hence heavy fine to be charged to Opposite Party for misleading this HONORABLE FORUM.

 

 

 

20)  Opposite Party continuously started harassing Complainant after March-11 as Complainant filed the complaint in this forum in March-11. Not only charging extra in most of the bills but also forcing to pay that bills.

 

 

 

21)  In view of all the facts & circumstances strict action to be taken against Idea Cellular & Mrs. Mapara. Matter to be raised in Bar Council for the cancellation of registration number of Mrs. Mapara & Accounts & ledger of Opposite Party to be checked by the higher authorities from Govt. of India.

 

 

 

22)  Without any notice not only Opposite Party terminated the services of Complainant & also allotted Complainants number to other subscriber. Because of Opposite Party’s such illegal act Complainant faced a great losses & now to facing.

 

 

 

It’s therefore prayed that:

 

 

 

i)                    Rupees 15 Lakh compensation to be granted for continuous loss of business & continuous mental harassment.

 

ii)                  Special note to be send to Bar Council for the cancellation of registration number of Advocate Mapara.

 

iii)                Accounts book & ledger of Idea Cellular to be sent to Auditor General to know the actual facts.

 

 

 

 

 

 

 

 

 

Place: THANE                                       Atal Paramlal Ahirwar

 

 

 

Date: 18/07/2013                                            

 

HONORABLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THANE AT THANE

 

                          (COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986)

 

                                                                                                           

 

                                                                                                            Application No: CC/11/96

 

 

 

1)      Applicant’s Name:                  ATAL PARAMLAL AHIRWAR

 

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

 

AMBIKA NAGAR, STATION ROAD, ULHASNAGAR, THANE – 421004.

 

 

 

2)      Opposite Party:                       IDEA CELLULAR  LTD.

 

11/1, SHARDA CENTRE, ERANDWANE,

 

OFF. KARVE ROAD, PUNE - 411004,

 

THANE – 421003.

 

 

 

 

 

 

 

AFFIDAVIT

 

 

 

 I, Atal Paramlal Ahirwar, Aged 38 years, resident of 606, Shiv Shankar Co-Op.

 

 

 

 Housing Society Limited, Ambika Nagar, Station Road, Ulhasnagar, Thane –

 

 

 

421004 hereby declares that I have not misrepresented any facts nor have tried to

 

 

 

hide any information in my above complaint. All the facts mentioned herein are

 

 

 

true to the best of my knowledge.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATAL PARAMLAL AHIRWAR

 

            (COMPLAINANT)   

 

HONORABLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THANE AT THANE

 

                          (COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986)

 

                                                                                                           

 

                                                                                                            Application No: CC/11/96

 

 

 

1)      Applicant’s Name:                  ATAL PARAMLAL AHIRWAR

 

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

 

AMBIKA NAGAR, STATION ROAD, ULHASNAGAR, THANE – 421004.

 

 

 

2)      Opposite Party:                       IDEA CELLULAR  LTD.

 

11/1, SHARDA CENTRE, ERANDWANE,

 

OFF. KARVE ROAD, PUNE - 411004,

 

THANE – 421003.

 

 

 

 

 

 

 

Respected Sir,

 

 

 

                                    You know very well the reality of this case & till date I didn’t understand why this forum is protecting a fraud company named IDEA CELLULAR LTD.

 

Sir, I want to know some answers from this HONORABLE FORUM:-

 

 

 

1)      Why this forum is protecting this fraud company.

 

2)      According to consumer protection act it is the duty of forum that Complainant’s complaint to be listen carefully but why Honorable Forum denying me.

 

3)      From the registration of this case why Honorable forum didn’t sent a single notice to this Fraud Company. If sent any notice please provide the acknowledgement receipt.

 

4)      I submitted each & every evidences related against this fraud company but why Honorable forum didn’t take any action against this fraud company.

 

5)      I demanded CBI enquiry from this forum to check the documents of this fraud company but this forum totally denies. Please provide me the valid reason.

 

6)      Please check the hearing dates. Please check how many times this fraud company’s representative present in court:-

 

Hearing Date                           Company Representative’s Status

 

17/06/2011                                          Absent

 

11/07/2011                                          Absent

 

28/07/2011                                          Absent

 

16/08/2011                                          Absent

 

05/09/2011                                          Absent

 

17/09/2011                                          Absent

 

29/09/2011                                          Absent

 

13/10/2011                                          Absent

 

24/11/2011                                          Absent

 

13/12/2011                                          Absent

 

16/01/2012                                          Absent

 

13/02/2012                                          Absent

 

23/04/2012                                          Present (First time Present)

 

31/05/2012                                          Absent

 

09/08/2012                                          Absent

 

10/09/2012                                          Absent

 

17/12/2012                                          Absent

 

27/03/2013                                          Absent

 

02/04/2013                                          Present (Second time Present)

 

21/05/2013                                          Present (Third time Present)

 

18/07/201                                            Present (Fourth time Present)

 

22/07/2013                                          Present (Fifth time Present)

 

31/07/2013                                          Absent

 

31/08/2013                                          Absent

 

On 31/07/2013 Honorable President Mr. Umesh Jawalikar told me that I will get the order copy in next hearing i.e. on 31/08/2013 but when my hearing start on 31/08/2013 Honorable member Mr. Kadam told me that order is ready & wait outside for half an hour. After half an hour I will get the order copy. But when after haif an hour I entered in court room near about court was empty & Honorable member Mr. Kadam told me that one more chance to be given to Idea Cellular Ltd. To prove that company is not a fraud company & he issued me the next hearing date 15/10/2013. I don’t find any reason why court is protecting this fraud company.

 

7)      Sir, matter is related of Multi thousand crore fraud so its your duty to take immediate action against this fraud company

 

 

 

Sir, expecting from you that today I will get the order copy.

 

 

 

 

 

Place: THANE                                            Atal Paramlal Ahirwar

 

 

 

Date: 15/10/2013

 

 

 

 

 

CC:      1)         Honorable President, Government of India

 

2)         Honorable Chief Justice, Supreme Court.

 

3)         Honorable Chief Justice, Mumbai High Court

 

4)         Prime Minister, Government of India.

 

5)         Home Minister, Government of India.

 

6)         Law Minister, Government of India.

 

7)         Chief Minister, Government of Maharashtra

 

8)         Chief Minister & Future Prime Minister of India Mr. Narendra Modi

I am sorry to say that your petition is likely to be viewed as a hysterical over-reaction and ignored by all the persons to whom it is addressed. Also it is amusing to see designation of Mr. Narendra Modi as future Prime Minister of India. I have no opinion, positive or negative , if he were to become Prime Minister of India.

As an elderly person with considerable experience, I say, that any representation will be counter-productive if it betrays any emotion. Allegations against the judiciary, whether true or not , can land you in trouble also.

Any representation should be calm and firm to impress the recipient.

I am only writing this with good intentions.

Dear Sir,

 

What I expressed here is faced by me. I am ready to face any legal action. The allegation made by me is based on evidence. If you want to see the detail then please visit www.facebook.com/IdeaCellularfraud

On 4^th Feb,2014 the DOT has notifed that DCDRF are competent to deal with disputes with individual telecom  customers and telecom service providers.

You can download from thread;

 

https://www.lawyersclubindia.com/forum/Consumer-court-can-now-decide-telecom-complaints-100830.asp#.U0wKFEeBmXU

 

 

 

Now DCDRF, State and National Commission should not decline to accept such complaints.