2025 Supreme(Online)(TDSAT) 37
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
VODAFONE IDEA LIMITED – Appellant
Versus
CONNECTWELL INDUSTRIES PVT LTD & ORS – Respondent
CYBER APPEAL/32/2019
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL NEW DELHI Dated 11 September 2025 Cyber Appeal No. 32 of 2019 Vodafone Idea Limited … Appellant Vs.
Connectwell Industries Pvt. Ltd. & Ors … Respondents BEFORE:
HON’BLE MR. JUSTICE RAM KRISHNA GAUTAM, MEMBER For Appellant : Mr Meet Malhotra, Sr. Adv Mr Kaushik Moitra, Ms Subhalaksmi Sen, Ms Shambhavi Kashyap & Ms Pallak Singh, Advocates for Vodafone Idea Ltd.
For Respondent : Ms Saloni Jain, Advocate for Connectwell Industries Pvt. Ltd. (R-1)
Dr Hemant Gupta & Mr Rony John, Advocates for ICICI Bank (R-2)
Ms Aditi Dixit, Advocate for HDFC Bank (R-3)
Mr Chetan Anand Yadav, Advocate for IndusInd Bank (R-4)
Mr Rahul Bali & Mr Dharmender Kamti, Advocates for RBL Bank (R-5)
JUDGMENT
1. It is an Appeal, under Section 57(1) of Information Technology Act, 2000, read with Rule 3(1) of the Cyber Appellate Tribunal (Procedure) Rules, 2000, by Appellant Vodafone Idea Limited, against Connectwell Industries Private Limited and others, Respondent No.1 (Complainant of the Petition) ICICI Bank Limited - Respondent No.2, HDFC Bank Limited - Respondent No.3, IndusInd Bank Limited - Respondent No.4, RBL Bank Limited - Respondent No.5, Kotak Mahindra Bank Limited - Respondent No.6 and Unknown Persons, filed against Order/ Judgment, dated 21 September 2019, passed by Learned Adjudicating Officer Shri S.V.R. Srinivas, IAS, Principal Secretary, Information Technology, Government of Maharashtra, in Complaint Case No. 30 of 2014, dated 9 June, 2014 as amended on 14 December, 2016, whereby present Appellant has been directed to make compensation to the tune of Rs. 2,000,00/- (Rupees Two Lakhs Only) to Complainant.
2. Memo of Appeal contends that Appellant is a Company, registered under the Companies Act 2013, having its registered Office at Suman Tower, Plot No. 18, Sector 11, Gandhinagar - 382011, Gujarat with its Circle Office at Skyline ICON, 1st Floor, 86/92, Andheri-Kurla Road, Marol Naka, Andheri (East), Mumbai-400059, being PAN India renowned Telecom Service Provider.
3. Under Scheme of arrangement between Idea Cellular Limited and Vodafone Idea Service Private Limited, with effect from August 31, 2018, the name of Appellant was changed from Idea Cellular Limited to Vodafone Idea Limited.
4. Respondent No.1, Connectwell Industries Private Limited, represented through Mr Hitendra Hemmadi, is a Private Limited Company, engaged in a business of manufacturing of Electrical Terminal Blocks and Connectors, having its Office at D7, Phase 2, MIDC, Dombivili (E), Maharashtra-421024.
5. It had two current accounts, number 008805000245 and
0088050003376 with ICICI bank Limited - Respondent No.2. Respondent No.1 is the subscriber of Vodafone Mobile No. ******9712, as a Company owned and paid number, in the name of Respondent No.1, got applied and issued by way of application form, signed by authorised representative, under the seal of Respondent No.1. This agreement is Annexure - G to memo of Appeal.
6. On 16 February 2014, a person claiming himself to be Mr Hitendra Hemmadi, visited the Vodafone store at Bhoj Mahal, Building No. C, Plot No. 18, VN Purab Marg, Chembur, Mumbai-71 and requested for a new SIM Card for above Mobile Number, for and on behalf of Complainant, by presenting a signed request letter, on the Letter Head of Complainant. This was with an enclosure of a self-attested copy of Aadhar Card of Mr Hitendra Hemmadi’s identification which is Annexure - H to memo and after due verification of the documents as per applicable norms and regulations, this request was accepted and a new SIM card was got issued by the Store on 16 February 2014, which was activated on the same day. After this request, in coming text message, on mobile number, were blocked for twelve (12) hours, from the time of request for a new SIM card was registered. Complainant had opted registered mobile number for having updates about any transaction along with registered email for the same and one-time password (OTP) was generated through regi