1. Reliance Communication Limited through its Managing Director, DAKC, Belapur Road, Koper Kharaine, New Bombay, Maharashtra.
2. Reliance Communication Limited, through its Customer Care Head, DAKC, Belapur Road, Koper Kharaine, New Bombay, Maharashtra.
3. Reliance Coomunication Limited through its CEO, Tower F, DLF Building Plot No 2, Rajiv Gandhi Technology Park, Chandigarh 160 101
4. Reliance Web World, through its Branch Manager, SCO 34, Sector 11, Panchkula, Haryana.
5. Reliance Communication, through its Nodal Officer Tower F, DLF Building Plot No 2, Rajiv Gandhi Technology Park, Chandigarh 160 101.
……….Opposite Parties
Respectfully Showeth:
1. That the complainant is the resident of the above mentioned address and is a law abiding citizen.
2. That the complainant subscribed for a Reliance GSM connection in the month of September 2009 and was allotted mobile number 09569880782.
3. That the complainant has been receiving some undesired & vulgar messages which are reflected a Service Messages from the Opposite Parties, initially the same were ignored by the complainant as it was told by the customer care that these are the service messages and will be stopped in couple of days, however crossing all the decency it became a regular and routine practice of the Opposite parties. The complainant intimated the same to the customer care of the Opposite parties at * 333 and even to OP No 3 and every time assurance was given to the complainant that the such messages would be stopped with immediate effect. All the assurances from the Opposite Parties turned out to be fake as the last message was received by the complainant on 14.10.2010. It is pertinent to mention here that as per customer care (*333) the DND services was activated on the mobile of the complainant on 10th of April 2010 (After sending mails to the top management). The act of the Opposite Parties clearly indicates the arbitrary manner in which the customers are being handled by them with only motive to promote such unsocial activities and make huge profits from the service providers.
4. That the complainant contacted the office of OP No 3, many number of times but without any results, despite regular follow up and being harassed by the behavior of the opposite parties the complainant on 17th March 10 (the time from when the record was maintained by the complainant) had registered a complaint with the customer care at *333 vide Service Request Number 1681749775 about receiving of such vulgar messages and was assured that the same will be stopped with immediate effect.
5. That despite the assurances the same practice to harass and embarrass the complainant continued and on 9th April when complainant’s wife was carrying the said phone while taking their daughter to the doctor, she again received one of such vulgar message and the complainant was placed in a very awkward and humiliating position as he has to explain the reason as why he was receiving such messages on regular basis.
6. That the complainant again contacted the customer care on 9th April 2010 wherein he was surprised and shocked to hear that the request for ‘Do Not Call’ services of the complainant is not processed and fresh request has to be placed which will be activated within 2 days. The complainant had given the request vide service request number 123622825. All the messages are stored in the inbox of the message box of the complainant.
7. That the complainant again received a message on 10th of April 2010. The complainant approached OP No 3 to register his complaint along with his wife at about 8 PM, wherein it was told to the complainant by the staff of OP No 3 to enjoy such messages. The act of the opposite party is very unsocial, unethical, arbitrary and very embarrassing for the complainant. The complainant again contacted the customer care wherein they had again taken the complaint vide request number 13073551263 and this time asked for 45 days to stop such messages. The opposite parties in order to make huge profits are sending such messages to its subscribers causing great harassment and embarrassment to the complainant.
8. That the complainant having no other option left had written to OP No 1, 2 & 5about the entire scenario vide an email dated 10th April 2010. The copy of the email is attached herewith as Annexure – 1 & 2 respectively. That no reply was received from the Opposite Parties and the complainant had again written to the Opposite Parties vide email dated 12th April 2010. The copy of the email is annexed herewith as Annexure 3.
9. That the aforesaid email was replied back on 13th April 2010 which clearly mentioned that the Do no call facility has already been activated on April 10th 2010 and certain information was required to be furnished by the complainant. The act of the opposite party clearly indicates their tactics to shift the onus on the complainant. The copy of the email is annexed herewith as Annexure – 3. The complainant had provided all the information as available on the handset to the opposite party on the same day vide email dated 13th April 2010. The copy of the email is annexed herewith as Annexure – 4. The Opposite party has not replied to the said mail till date.
10. That as per the mail of the opposite party dated 13th April which
Clearly states that the Do not call services has already been activated on April 10 2010, however it is pertinent to mention here that the complainant again received a message on 12th April 2010, from RM – 5788616 which provides chat ID with some female names and one Insurance message from TM – ISEC on 13th April, 14th April 2010. The act of the opposite parties clearly indicates that they are promoting immoral activities in the society. The complainant had been running from pillar and post and same is acknowledged vide SMS dated 12th & 13th April (from 59111),
11. That the complainant again contacted the customer care on * 333
On 15th April 2010 asking about still receiving of such messages and the customer care executive apologized and again taken a complaint vide request number 124071980.
12. That the law & the public morality restrains the solicitation of immoral activities & in the present case the Opposite Parties have been openly soliciting immoral activities by inducing the complainant by sending vulgar & pornographic test messages suggesting explicitly the promiscuous relationship, which is prohibited by the social norms & it is immaterial whether the service has been activated or not or whether the subscriber has been listed in the Do Not Call list. The Opposite Parties are seeking the refuge under the plea that henceforth no such vulgar messages will be circulated to the complainant, which on the face of the facts is a frivolous defense & the same does not grant any immunity to the Ops for prosecution by the law.
13. That the illegal acts of the Opposite Parties have caused severe & irreparable loss & injury to the marital harmony of the complainant & the reputation of the complainant has been tarnished before the eyes of the immediate family members of the complainant including his parents, wife, children & immediate relatives & the complainant is not in a position to reclaim the lost respect of his family members.
14. That the above said act and conduct of the Opposite Parties amounts to deficiency in service as well as unfair trade practice on the part of opposite parties. It is worth to mention here that the above said act of opposite party is against the law and public morality. The complainant has suffered mental pain, harassment, embarrassment, agony, tension, severe & irreparable loss & injury to the marital harmony at the hands of the opposite parties. The complainant is entitled for Rs. 450000/- as compensation.
15. That cause of action accrued to the complainant when the complainant had started receiving such messages in the October/ November and when the complainant contacted the Opposite parties in the month of February and March and recently on 14th April when despite activation of Do not Call services the complainant is receiving vulgar as well as promotional messages.
It is therefore, prayed that the complaint of the complainant is kindly accepted and it is further prayed:
(a) That the license of the opposite parties should be cancelled in the interest of social interest.
(b) The Opposite parties be directed to pay Rs. 4,50,000/- as compensation for harassment of the complainant.
(c) Any other relief as deemed fit in the interest of justice.
Dated:
Place: Complainant