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Opposite Party

Rejoinder to Opposite party for its written statement dated 21st 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 didnt object the format of the complaint then Opposite Party dont 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 Cheater 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 Complainants 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 Partys account on 16/06/2009. Opposite Party continuously denying that Complainant made such payment. Many times Complainant submits his bank statement to Opposite Partys local office & also submitted many times to Opposite Partys executive & Nodal Officer through Email. Complainant already submitted Opposite Partys receipt & Complainants bank statement in this forum while submitting complaint. Complainant states that Opposite Party hide the fact from this forum. Also 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 Partys 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. 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 cybercaf 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 calls to his clients & checking & sending Emails to his clients. 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 may possible that fake signature on that receipt was made by her or any of her colleague. Matter to be investigate that really such Registered AD sent to Complainant or Mrs. Pratiksha Mapara paid some bribe to postal department person? 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 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 LE 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 dont 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 & Complainants daily income as under:i) HONORABLE JUDGES 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 COURTS TIME = i+ii+iii+iv+v+vi+vii = 1,08,000.00. 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 doesnt 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. Why court didnt take any action against Opposite Party. b) Again Opposite Party second time present in this FORUM on 02/04/2013. For this long absence why HONORABLE FORUM didnt passed ex-parte 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. With this rejoinder Complainant also submitting all the email communication with Opposite Partys 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 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 extract 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 Partys 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 Cellulars 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(FEB11, MAR-11 & APRIL-11) to support his statement. Its 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 shows 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 Partys services to communicate with his clients 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 21st May 2013 during the hearing she interrupt 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 didnt come. When that days first halfs 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 didnt 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 its amazing how HONORABLE JUDGE entertain such act. On that day she only has to submit written statement to Complainant but intentionally she wasted Complainants 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. Maparas written statement that THE HONORABLE FORUM has no jurisdiction to entertain, decide & adjudicate the said complaint because Opposite Partys registered office is situated in Pune. Complainant states that Complainant is resident of Ulhasnagar & he approached Opposite Party to avail Opposite Partys services in Opposite Partys Ulhasnagar Office. Complainant resident & Opposite Partys 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. It is clearly indicates that Opposite Party having ill intention while doing business. Note: In 21st May 2013s 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 given forcefully to complainant by HONORABLE JUDGE. Complainant wanted to check the written statement but HONORABLE JUDGE forced him to signing. 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 07th 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 didnt receive the single notice from that court. Complainant knows the matter from written statement of Opposite Party which submitted by Mrs. Mapara on 21st May 2013. On 14th 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 didnt receive any detail. 19) The Complainant submits that the present complaint filed by Complainant in good faith on 11th 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 Partys such illegal act Complainant faced a great losses & now to facing. Its therefore prayed that: i) ii) iii) Rupees 15 Lakh compensation to be granted for continuous loss of business & continuous mental harassment. Special note to be send to Bar Council for the cancellation of registration number of Advocate Mapara. Accounts book & ledger of Idea Cellular to be sent to Auditor General to know the actual facts.

Place: THANE Date: 18/07/2013



2) Opposite Party:

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.