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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.Bharti Airtel , Bharti Airtel Ltd.,

    STATE CONSUMER DISPUTES REDRESSAL FORUM

    Telangana

    First Appeal No. A/858/2020 ( Date of Filing : 17 Dec 2020 ) (Arisen out of Order Dated 05/11/2020 in Case No. CC/425/2019 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

    2. 2.Vinay Jain S/o Jitendra Jain, aged about 22 years, Occ. Student, old time resident room no BH3, NSIT Dwarka Sector 3, New Delhi 110078, present resident flat no H 28,1302, A Who, Sandeep Vihar, Whitefield, Hosk ...........Appellant(s) Versus

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

    2. 2.ANI Technologies Pvt Ltd., Regent Insignia, 414, 3rd floor, 4th block, 17th Main, 100 Feet Road, Koramangala Banglore 560034

    3. 3.ANI Technologies Pvt Ltd., 4th floor, Cherry Hills, Embassy Golf Links, Domlur, Banglore

    71,

    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.858 OF 2020

    (against the orders in CC.No.425/2019 on the file of the District Commission- Ranga Reddy Between:

    1. Jitendra Jain,

    1

    S/o. Late Sh Mangal Chand Jain, Aged about 54 years,

    Occ: Unemployed, Flat No.H28, 1302, AWHO, Sandeep Vihar,

    Whitefield - Hoskote Road, Kannamangala, Bengaluru,

    Karnataka - 560115.

    2.Vinay Jain S/o. Jitendra Jain, Aged about 22 years,

    Occ: Student, old time resident Room no.BH3, NSIT Dwarka Sector 3, New Delhi - 110078, present resident Flat no.H28, 1302, AWHO, Sandeep Vihar,

    Whitefield - Hoskote Road,

    Kannamangala, Bengaluru,

    Karnataka - 560115. …Appellants/ Complainants

    And

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

    1 Nelson Mandela Road, Vasant Kunj, Phase II, New Delhi-110070 Represented by it's manager.

    2. ANI Technologies Private Limited Regent Insignia, # 414, 3rdFloor 4thBlock, 17thMain,

    100 Feet Road, Koramangala, Bangalore - 560034

    Email secretarial @olacabs.com, legalnotice@olscabs.com Represented by its manager.

    3. ANI Technologies Private Limited, 4thFloor, Cherry Hills, Embassy Golf Links,

    2

    Domlur, Bangalore-71 24, legalnotice@olscabs.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 : M/s. Gopi Rajesh Associates - R1 : Sri Sudhakar Rao Kulkarni-R2

    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 Appellants / Complainants 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.425 of 2019 dated 05.11.2020.

    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

    3. Accordingly, the appeal is dismissed.

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

    PRESIDENT

    4

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    Comments

    1.Jitendra Jain v. 1.Bharti Airtel , Bharti Airtel Ltd.,
    (Dec 17, 2021)