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  • Section 41 of Consumer Protection Act, 2019
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  • Section 41 of Consumer Protection Act, 2019
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    1.Jitendra Jain v. 1.Vodafone Idea Ltd.,

    STATE CONSUMER DISPUTES REDRESSAL FORUM

    Telangana

    First Appeal No. A/855/2020 ( Date of Filing : 17 Dec 2020 ) (Arisen out of Order Dated 09/11/2020 in Case No. Complaint Case No. CC/146/2019 of District Rangareddi)

    1. 1.Jitendra Jain S/o. late Sh. Mangal Chand jain, aged aout 54 years, present residence E7/1, RCI Colony, RCI Road, PO Vignyana Kancha, PO Hyderabad 500069 ...........Appellant(s) Versus

    1. 1.Vodafone Idea Ltd., Suman Tower, Plot No 18, Sector 11, Gandhinagar Gujrat 382011, Rep by its Manager

    2. 2.Bharti Airtel Ltd., Bharti Crescent, 1 Nelson Mandela Road, Vasant Kunj, Phase II, New Delhi 110070

    3. 3.1MG Technologies Pvt Ltd., Level 3 Vasant square Mall, Pocket V, Sector B, Vasant Kunj, New Delhi 110070

    4. 4.Chairman, Telecom Regulatory Authority of India, Mahanagar Doorsanchar Bhawan, Jawaharlal Nehru Marg, Delhi 110002 ...........Respondent(s)

    BEFORE:

    HON'BLE MR. JUSTICE M.S.K. JAISWAL PRESIDENT

    PRESENT:

    Dated : 17 Dec 2021 Final Order / Judgement

    BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION :

    HYDERABAD.

    F.A.NO.855 OF 2020

    (against the orders in CC.No.146/2019 on the file of the District Commission- Ranga Reddy Between:

    Jitendra Jain, S/o. Late Sh Mangal Chand Jain, Aged about 54 years, present residence, E7/1, RCI Colony, RCI Road, P.O. Vignyana Kancha, P.O., Hyderabad - 500069, (residence wef. 01 Jan 2021 shall be

    1

    Flat No.H28, 1302, AWHO, Sandeep Vihar, Whitefield - Hoskote Road, Kannamangala, Bengaluru, Karnataka - 560115. …Appellant/ Complainant

    And

    1. Vodafone Idea Limited, Suman Tower, Plot NO.18, Sector-11, Gandhinagar Gujrat -382011,

    Email, Pankaj.Kapdeo@Vodafoneidea.Com. Represented by it's manager

    2. Bharti Airtel, Bharti Airtel Limited, (A Bharti Enterprise) Bharti Crescent,

    1 Nelson Mandela Road, Vasant Kunj, Phase II, New Delhi-110070 Email compliance.officer@bharti.in Represented by it's manager.

    3. IMG TECHNOLOGIES PRIVATE LIMITED,

    Level 3, Vasant Square Mall, Pocket V, Sector B, Vasant Kunj,

    New Delhi-110070

    Email care@1mg.com,

    Legal.support@1mg.com,

    Represented by its manager.

    4. Chairman, Telecom Regulatory Authority of India Mahanagar Doorsanchar Bhawan

    (next to Zakir Hussain College)

    Jawaharlal Nehru Marg (Old Minto Road) New Delhi: 110002 E-mail ID:ap@trai.gov.in, Represented by its manager.

    ....Respondents/Opposite parties

    Counsel for the Appellant/ Complainant:Sri Jitendra Jain(PIP) Counsel for the Respondents/Opposite Parties :Sri Srinivas Rao Pachwa-R1

    : M/s. Gopi Rajesh Associates - R2

    2

    : M/s.Kochar & Co.,-R3 : Sri Sudhakar Rao Kulkarni-R4

    QUORUM: SRI JUSTICE M.S.K.JAISWAL, HON'BLE PRESIDENT

    FRIDAY, THE SEVENTEENTH DAY OF DECEMBER

    TWO THOUSAND TWENTY ONE

    *******

    Oral Order:

    1. This is an appeal filed by the Appellant / Complainant under Section 41 of Consumer Protection Act, 2019 praying this Commission to allow the appeal by setting aside the order of the District Forum, Ranga Reddy passed in C.C.No.146 of 2019 dated 09.11.2020.

    2. In this batch of appeals, the Appellant Sri Jitendra Jain is said to have died on 23.04.2021. Thereafter, this Commission has suo moto issued notices to the other Appellants/legal representatives of the deceased Jain, who are parties in the connected appeals and the same has been served as per the track record obtained from the postal authorities. In spite of that, there is no appearance for the LRs/other Appellants in the connected appeals. The learned counsel appearing for the Respondents are all present. Since the deceased Appellant died more than seven months back, the appeal is liable to be dismissed has having been abated.

    3. Accordingly, the appeal is dismissed.

    [HON'BLE MR. JUSTICE M.S.K. JAISWAL]

    PRESIDENT

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    1.Jitendra Jain v. 1.Vodafone Idea Ltd.,
    (Dec 17, 2021)