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2024 Supreme(Online)(NCDRC) 1514

H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA.

First Appeal No.: 79/2024 Date of Presentation: 10.04.2024 Order reserved on: 22.10.2024 Date of Decision: 24.10.2024 ………………………………………………………………

Reliance Jio, Reliance Corporate Park No.8A Wing, 1st Floor, 5 TTC Industrial Area, Thane, Belapur Road, Ghansol, Navi Mumbai-400701.

…....... Appellant/Opposite party Versus Shri Vinod Kumar Meena son of Shri Mangtoo Ram Meena, Office of Airport Director, Dharamshala Airport, Gaggal, District Kangra, Himachal Pradesh.

……Respondent/Complainant.

………………………………………………………………….

Coram Hon’ble Justice Inder Singh Mehta, President.

Whether approved for reporting?1 Yes For the Appellant: Mr.Munish Kumar, Advocate vice Mr.Raj Negi, Advocate For the Respondent: None.

…………………………………………………………………

Whether Reporters of the local papers may be allowed to see the order?

Justice Inder Singh Mehta, President

Advocates:
For the Petitioner: LALITA GUPTA
For the Respondent:

O R D E R:

Instant appeal is arising out of the order dated 02.01.2024 passed by learned District Consumer Commission, Kangra at Dharamshala, H.P. in Consumer Complaint No.140/2023, titled as Sh.Vinod Kumar Meena Vs. Reliance Jio.

Brief facts of Case:

2. Briefly, the case of the complainant is that complainant has been availing the services of JIO Mobile company vide mobile No.89776-08757. The said mobile number was linked with Aadhar Card, Gas Connection, Income Tax Return, Bank account, salary account, debit card, UPI, Email IDs, Fast Tag of the complainant. On 24th February, 2023 without any prior intimation the SIM of the complainant was blocked alongwith all other services. The complainant lodged a complaint on JIO customer care. The complainant received an email from the opposite party on April 13, 2023 asking the complainant to share the self declaration letter stating that he is not involved in any cyber crime/illegal activities alongwith copy of Aadhar card. The requisite document was supplied to the opposite party/JIO, but the mobile number of the complainant was not reactivated. The complainant has faced lot of problems due to blocking of the number of the complainant. The complainant has suffered financial loss and mental harassment due to the act of the opposite party/JIO. Hence, the present complaint.

3. The opposite party/Reliance JIO contested the complaint by filing reply and stated that SIM of the complainant has been blocked by the opposite party/Reliance JIO as per the order CCPS/S, IM Block/2021-717 Cyber Desk, issued by the Additional Director General of Police ATS and SOG, Rajasthan. The mobile number of the complainant cannot be resumed by the opposite party/JIO because it was ported by the complainant from Airtel and as per the Mobile Number Portability process, the mobile number has been returned to Airtel. Hence, a prayer for dismissal of the complaint was made.

4. During the proceedings of the complaint, the complainant placed on record clarification from the office of Superintendent of Police Bharatpur, Rajasthan, whereby the Superintendent of Police has given no objection for reactivation of the Mobile No.89776-08757 of the complainant and on the basis of the said report, complaint was disposed off by the learned District Commission below directing the opposite party/JIO to reactivate mobile number of the complainant after obtaining affidavit from the complainant.

5. Feeling aggrieved by the order of learned District Commission below, the appellant/opposite party has preferred the instant appeal before this Commission.

6. Arguments heard on behalf of the appellant/opposite party and also perused the record carefully.

FINDINGS:

7. The complainant has alleged that he has been availing the services of Reliance JIO Mobile company vide mobile No.89776-08757.

8. The complainant has further alleged that on 24th February, 2023 without any prior intimation SIM of the complainant was blocked by the opposite party/Reliance JIO.

9. Per contra, the version of the opposite party/Reliance JIO is that SIM of the complainant was blocked by the opposite party/Reliance JIO as per the order CCPS/S, IM Block/2021-717 Cyber Desk issued by the Additional Director General of Police ATS and SOG, Rajasthan.

10. Perusal of the impugned order indicates that the complainant placed on record clarification from the office of Superintendent of Police Bharatpur, Rajasthan, whereby the Superintendent of Police has given no objection for reactivation of the Mobile No.89776-08757 of the complainant.

11. Since the mobile number of the complainant was blocked by the opposite party/ Reliance JIO as per the order CCPS/S, IM Block/2021-717 Cyber Desk issued by the Additional Director General of Police ATS and SOG, Rajasthan and now, the Superintendent of Police Bharatpur, Rajasthan has given no objection for reactivation of the Mobile No.89776-08757 of the complainant, therefore, the opposite party/ Reliance JIO is legally bound to reactivate the

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