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COMPLAINT SUBMITTED WITH @PMOIndia & #CJIDYChandrachud
APPLICATION CUM COMPLAINT
(Under Article 32 of the Constitution of India for Violation of Fundamental Rights Guaranteed Under Article 14, 19, 20, 21 of The Constitution of India)
(FIRST APPEAL (FA) U/S 19 OF CONSUMER PROTECTION ACT 1986)
FIRST APPEAL No. – RBT/A/23/95
BEFORE THE HONORABLE MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI AT MUMBAI
ATAL PARAMLAL AHIRWAR
606, SHIV SHANKAR CO-OP. HSG. SCY.
AMBIKA NAGAR, STATION ROAD,…………..APPELLANT
ULHASNAGAR, THANE – 421004. (ORIGINAL COMPLAINANT)
Vs.
VODAFONE IDEA LTD @ViCustomerCare .………..RESPONDENT
11/1, SHARDA CENTRE, ERANDWANE, (ORIGINAL RESPONDENT)
OFF. KARVE ROAD, PUNE - 411004,
To,
1)Her Excellency Smt. Draupadi Murmu @rashtrapatibhvn , The Honorable President of India.
2)Shri Narendra D. Modi, The Honorable Prime Minister of India.
3)Mr. Justice Dhananjay Y. Chandrachud, The Honorable Chief Justice of India.
4)Mr. Justice Amreshwar Pratap Sahi, Honorable President,NCDRC,New Delhi – 110023
5)Mr. Justice S.P. Tawade, Honorable President,MSCGRC, Mumbai-400032.
The Hon'ble Administrative and Judicial Authorities of India and other Companion Judges of the aforesaid Court,
The Complainant respectfully submits:-
1.The applicant states that he is a resident of above mentioned address, a law-abiding citizen of India entitled to all the "Fundamental Rights" enshrined in The Constitution of India, 1950. He has been residing at the aforementioned address for over 15 years and is a Security System Integrator by profession. He has been facing judicial torture for the past 13 years due to raising complaints about fraudulently business activities, torture, and mental harassment by the fraudulent telecom sector company VODAFONE IDEA LIMITED (Previously Idea Cellular Limited), headed by the VODAGROUP OF GREAT BRITAIN @VodafoneGroup and ADITYA BIRLA GROUP OF INDIA @AdityaBirlaGrp .
2.The applicant is compelled to file this application for your consideration because none of the authorities seem serious about controlling corruption in the country. In other words, they are directly or indirectly involved in spreading corruption, which has led to the destruction of the applicant's social and business life. He fears that he will continue to face judicial torture until his last day because none of the authorities are capable of taking action against VODAFONE IDEA LTD, the group company of the high-profile ADITYA BIRLA GROUP. Social media was the only platform for the applicant to fight against this fraudulent company, but the company illegally removed his social media page through a business settlement with FACEBOOK.
3.None of the authorities are being held accountable for the torture and harassment of citizens. Despite more than 13 years of judicial torture from different consumer organizations, including the National Consumer Disputes Redressal Commission New Delhi, Maharashtra State Consumer Disputes Redressal Commission Mumbai, Thane District Consumer Commission Thane, and 10 years of judicial torture from the Civil Court Ulhasnagar, there has been no protection against the high-profile criminal activities of VODAFONE IDEA LTD, the group company of ADITYA BIRLA group.
4.The applicant seeks to know whether justice can be attained in this lifetime. He is unable to bribe any of the above authorities, which is why VODAFONE IDEA LTD continues to exploit the country through fraudulent activities, knowing that the group is capable of bribing all relevant authorities.
5.If any of the authorities truly respect the Constitution and citizens of this country, the applicant urges them to pay attention to this matter and punish the high-profile criminals who are defrauding the country.
6.The appellant wants to present today’s incident during the hearing of the above-mentioned appeal. During the first time hearing, the Honorable President deferred the matter, stating that it required time to be explained in detail. Upon the second time hearing, the Honorable President scheduled the matter for June 25th, 2024, at 2:00 pm, assuring that the entire argument would be recorded on that day. Therefore, I urge all relevant authorities to ensure the presence of their representatives during the recording of the entire argument. This matter pertains to a high-profile telecom sector scam, and the Honorable President is not empowered to penalize the offenders perpetrating fraud against the country. According to the Honorable President, his role is limited to deciding on compensation and other serious matters. Additionally, I am unable to file a separate case against this fraudulent company due to the corruption within the judicial system of this country. I have already endured 13 years dealing with consumer commissions and an additional 10 years with the civil court in Ulhasnagar, collectively fighting against this fraudulent company. Throughout my interactions with the judicial authorities mentioned above, I have observed that corrupt individuals occupy the presiding members' seats, and their names are given below:-
i.Mrs. V J Kore, the Ex Civil Judge, Civil Court Ulhasnagar.
ii.Mr. Hemant U Joshi, the Ex Civil Judge, Civil Court Ulhasnagar.
iii.Mr. A. S. Atre, the Ex Civil Judge, Civil Court Ulhasnagar.
iv.Mrs. S. C. Salvi, the Ex Civil Judge, Civil Court Ulhasnagar.
v.Mr. Rahatgaonkar, Ex-President, Consumer Disputes Redressal Commission, Thane, Maharashtra.
vi.Mr. Umesh Jawalikar, Ex-President, Consumer Disputes Redressal Commission, Thane, Maharashtra.
vii.Mr. Mohan Mankar, Ex-President, Consumer Disputes Redressal Commission, Thane, Maharashtra.
viii.Mr. Justice (Retired) Ashok Bhangale, Ex-President, Maharashtra State Consumer Disputes Redressal Commission, Mumbai, Maharashtra.
ix.Mr. Justice (Retired) Sudip Ahluwalia, Member, National Consumer Disputes Redressal Commission, New Delhi, India.
x.Mr. Justice (Retired) Karuna Nand Bajpayee, Member, National Consumer Disputes Redressal Commission, New Delhi, India.
xi.Justice (Retired) Deepa Sharma, Ex-Member, National Consumer Disputes Redressal Commission, New Delhi, India.
xii.Mr. Anup Thakur, Ex-Member, National Consumer Disputes Redressal Commission, New Delhi, India.
xiii.Mr. Iqbal Ahmed, Deputy Registrar, National Consumer Disputes Redressal Commission, New Delhi, India.
7.The applicant's written argument is attached to this complaint, and he hopes that someone will consider the seriousness of this matter.
PLACE: MUMBAI
DATED: 07/05/2024ATAL PARAMLAL AHIRWAR
(APPELLANT)
(FIRST APPEAL (FA) U/S 19 OF CONSUMER PROTECTION ACT 1986)
FIRST APPEAL No. – RBT/A/23/95
BEFORE THE HONORABLE MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI AT MUMBAI
ATAL PARAMLAL AHIRWAR
606, SHIV SHANKAR CO-OP. HSG. SCY.
AMBIKA NAGAR, STATION ROAD,…………..APPELLANT
ULHASNAGAR, THANE – 421004. (ORIGINAL COMPLAINANT)
Vs.
VODAFONE IDEA LTD.………..RESPONDENT
11/1, SHARDA CENTRE, ERANDWANE, (ORIGINAL RESPONDENT)
OFF. KARVE ROAD, PUNE - 411004,
INDEX
ExhibitDescriptionPage Nos.
Written Argument of Appellant02 - 16
AT-816 New roaming plan17
BVodafone Idea Ltd (Idea Cellular Ltd) receipt 18
CJuly 2009 Invoice19
DVodafone Idea Ltd Advocate Letter20 – 21
ECDRF President Mohan Mankar Fabricated Report22-23
FCDRF Registrar Report24-25
GNumber showing on TRAI website as a commercial Consumer26
HSynopsis in District Forum27-32
IOrder on Appeal No. A/15/525 filed by Vodafone Idea Ltd33
JAffidavit against corrupt President of CDRF & Order34-46
KOrder on Miscellaneous Appeal No. MA/15/414 filed by Appellant47
LAuthority Letter of Vodafone Idea Ltd48
MDaily order dated 07/12/201749
NDocuments showing there is no delay in Revision Petition50
OSynopsis of Revision Petition submitted with PM & CJI51-59
PLACE: MUMBAI
DATED: 07/05/2024ATAL PARAMLAL AHIRWAR
(APPELLANT)
(FIRST APPEAL (FA) U/S 19 OF CONSUMER PROTECTION ACT 1986)
FIRST APPEAL No. – RBT/A/23/95
BEFORE THE HONORABLE MAHARASHTRA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MUMBAI AT MUMBAI
ATAL PARAMLAL AHIRWAR
606, SHIV SHANKAR CO-OP. HSG. SCY.
AMBIKA NAGAR, STATION ROAD,…………..APPELLANT
ULHASNAGAR, THANE – 421004. (ORIGINAL COMPLAINANT)
Vs.
VODAFONE IDEA LTD.………..RESPONDENT
11/1, SHARDA CENTRE, ERANDWANE, (ORIGINAL RESPONDENT)
OFF. KARVE ROAD, PUNE - 411004,
WRITTEN ARGUMENT OF APPLICANT
MAY IT PLEASE THIS HONORABLE COMMISSION
1.I, Atal Paramlal Ahirwar, The Appellant is the resident of above mentioned address and was having Postpaid connection of Vodafone Idea Ltd since September 2007. That time name of Vodafone Idea Ltd was Idea Cellular Ltd.
2.I, the appellant argue that appellant never defaulted in dues and always paid payment on time. Because of my timely services Vodafone Idea Ltd made me their SELECT PRIVILEDGED CUSTOMER and also continuously increased my credit limit time to time from rupees 1,000/- to rupees 22,200/-. My last credit limit was rupees 22,200/- when forcefully Vodafone disconnected outgoing and internet services of my both the numbers on 6th September 2011. At the time of disconnection I was not the defaulter and was not having a single rupees outstanding. I was having T-816 New roaming plan(Exhi - A) and as per my plan I was having following charges
Call charges including local/National - 0.50 paise,
SMS Charges – 5200 SMS free and after this limit local/national – 0.30 paise and international 5 Rupees,
During Roaming all incoming/outgoing call @0.70 paise) but Vodafone charged multiple times illegal charges. Also I was having separate net setter plan with unlimited net usage (T856-NetSetter 500(Unlimited)). Sharing the whole illegal business activities of Vodafone in details:-
i.Charged for SMS on 14/01/2008 – 19.00+tax = 21.47
ii.Charged for SMS on 07/04/2008 – 98+tax = 110.74
iii.Charged for SMS on15,21 & 22/08/2008 = 128+tax = 144.64
iv.Charged for SMS from 28/11/2008 to 05/12/2008 = 427+tax = 482.51
v.Amount collected in June-09 through cheque but there is no record available with them = 5500.00
vi.Charged One time charges extra in July -09 bill = 3179+tax = 3592.27
vii.Charged Late Fee in Aug -09 bill = 50+tax = 56.50
viii.Charged extra for GPRS but no detail provided in Aug-09 bill = 805.57+tax =888.55
ix.Charged extra for GPRS but no detail provided in Oct-09 bill = 42.87+tax = 47.29
x.Charged for SMS on 28/09/2009 = 276+tax = 311.88
xi.Charged for SMS on 16 & 17/10/2009 = 118+tax = 246.34
xii.Charged extra for GPRS but no detail provided in Dec-09 bill= 677.348+tax = 747.117
xiii.Charged extra for GPRS but no detail provided in Jan-2010 bill = 363.288+tax = 410.515
xiv.Charged Other credit & charges in Jan-10 bill = 250+tax = 282.50
xv.Charged extra for GPRS only upload & download detail provided but only initial time mention (Total time required to verify the fact)in April-10 bill = 2457.508+tax = 2710.628.
xvi.Also in frustration I made request on 01/04/2011 to stop my internet connection & convert my internet number to prepaid number but no response received from Vodafone Idea Ltd. Vodafone Idea Ltd continuous charged me till the end of termination of connection (From April-11 to Nov-11 @ 716.95 in this amount service tax includes) = 716.95 * 8 months = 5,735.60
xvii.Charged Late Fee in May-10 bill = 83.79+tax= 94.688
xviii.Charged extra for GPRS but no detail provided in Aug-10 bill = 679.488+tax = 749.476
xix.Charged extra for GPRS only upload & download detail provided but only initial time mention (Total time required to verify the fact)in Sep-10 bill = 705.568+tax = 778.242
xx.Charged extra for GPRS only upload & download detail provided but only initial time mention (Total time required to verify the fact)in Oct-10 bill = 656.388+tax = 723.995
xxi.Charged for SMS on 04/10/2010 – 32+tax = 36.16
xxii.Charged for Idea Net Setter Plan 399 in Nov-10 bill – 308.010+tax = 348.051
xxiii.Charged extra for GPRS only upload & download detail provided but only initial time mention (Total time required to verify the fact)in Nov-10 bill = 2163.788+tax = 2727.387
xxiv.Charged local call as an ISD call on 24 Feb 2011 & the number was – 9823446744 – 10+tax = 11.3
xxv.Charged for SMS in June-11 bill – 35+tax = 39.55
xxvi.Charged for SMS in July – 11 bill – 165+tax = 186.45
xxvii.Charged for Roaming in July -11 bill – 173+tax = 195.49
xxviii.Charged for SMS in Aug – 11 bill – 45+tax = 50.85
xxix.Charged for Roaming in Aug – 11 bill – 1521.99+tax = 1719.849
xxx.Charged for SMS in Sep – 11 bill – 2156+tax = 2436.28
xxxi.Vodafone Idea Ltd blocked my outgoing services after raising September 2011 bill and blocked incoming after raising October 2011 bill of 4207.00 without any intimation.
xxxii.After blocking my both the number Vodafone Idea Ltd immediately transferred my both the number to other subscriber.
xxxiii.Again Vodafone Idea Ltd raised the November 2011 bill of 839.19.
3.I the appellant argue that Because of my timely payment Vodafone Idea Ltd increased my credit limit & made me their SELECT PRIVILEGED MEMBER. I am providing the detail of credit limit point wise:-
a.First time Vodafone Idea Ltd increased my credit limit from Rupees 1,000.00 to 1,500.00 in August 2008.
b.Second Time Vodafone Idea Ltd increased my credit limit from Rupees 1,500.00 to 1,600.00 in March 2009.
c.Third Time Vodafone Idea Ltd increased my credit limit from Rupees 1,600.00 to 3,900.00 in June 2009.
d.Fourth Time Vodafone Idea Ltd increased my credit limit from Rupees 3,900.00 to 4,200.00 in July 2009.
e.Fifth Time Vodafone Idea Ltd increased my credit limit from Rupees 4,200.00 to 4,800.00 in September 2009.
f.Sixth Time Vodafone Idea Ltd increased my credit limit from Rupees 4,800.00 to 7,300 in October 2009.
g.Seventh Time Vodafone Idea Ltd increased my credit limit from Rupees 7,300.00 to 12,100.00 in November 2009.
h.Eighth Time Vodafone Idea Ltd increased my credit limit from Rupees 12,100.00 to 14,900.00 in January 2010.
i.Ninth Time Vodafone Idea Ltd increased my credit limit from Rupees 14,900.00 to 17,700 in April 2010.
j.Tenth Time Vodafone Idea Ltd increased my credit limit from Rupees 17,700.00 to 22,700 in November 2010.
k.Vodafone Idea Ltd decreased my credit limit from Rupees 22,700.00 to 21,100 in May 2011.
l.Vodafone Idea Ltd again increased my credit limit from Rupees 21,100.00 to 22,200.00 in July 2011.
4.I, the appellant argue that first time I came to know the major fraudulently business activities of Vodafone Idea Ltd when I purchased separate netsetter connection for net usage in June 2009 and paid rupees 6000/- in advance for a one year plan. Here also Vodafone executive first forced me to pay all these 6000/- rupees in cash but when I denied to pay in cash then they accepted rupees 5500/-(Exhi -B) in cheque and rupees 500/- in cash.
5.I, the appellant argue that after purchasing netsetter plan in June 2009 received bill in July 2009. In this bill Vodafone charged the rupees 3592/- including tax extra (Exhi - C). When I enquired about these charges then Vodafone executive told that by mistake these charges charged to me & these amount will less in next bill.
6.I, the appellant argue that Vodafone did not less the whole amount in August 2009 bill but also charged rupees 50+tax extra as a late fee in this bill for their mistake. Then again I informed customer care team of Vodafone. Then again receive their reply that pay the actual usage bill and all extra amount will get less in next bill.
7.I, the appellant argue that I was continuously having touch with customer care team “between” July 2009 to September 2009 but Vodafone team did not provide any solution. On 5th October 2009 without any intimation first time Vodafone disconnected my both the number. Though I was not having any outstanding on me and was also having the credit limit of rupees 7300/-.
8.I, the appellant argue that I immediately informed the customer care team but receives no any response from their side then I filed written complaint to customer care on 12th October 2009. After long discussion with nodal officer finally Vodafone reconnected my services on 21st October 2009 by receiving the payment as per demand of nodal officer Ms. Sanyogita Kulkarni by receiving assurance from her that all the extra payment with interest will get return to me with interest by verifying the facts. But after receiving payment Nodal Officer not only behaves rudely and told me that nothing wrong did by Vodafone and if you have any doubt then complaint it to Telecom Regulatory Authority of India.
9.I, the appellant argue that when no solution I received from Vodafone then I filed consumer complaint of harassment and illegal business activities of Vodafone at CONSUMER DISPUTES REDRESSAL FORUM THANE on March 2011. After registering the consumer complaint, I came to know that some officials of CONSUMER DISPUTES REDRESSAL FORUM THANE are the most corrupt officials headed by President of this forum. I am sharing the detail below:-
i.These all Presidents of the Consumer Disputes Redressal Commission, Thane, not only displayed a protective attitude toward Vodafone Idea Limited throughout the complaint hearings but also engaged in excessive harassment. The appellant provides a brief summary here:
ii.Mr. Rahatgaonkar, during his tenure, held the appellant's complaint for over a year and repeatedly pressurized the appellant to provide the correct address for respondent Vodafone Idea Limited. He threatened to dismiss the complaint if the correct address was not provided. However, after one year, Mr. Rahatgaonkar sent a notice to the respondent at the same address when Appellant submitted letter of Vodafone advocate with same address. (Exhi - D)
iii.Mr. Umesh Jawalikar behaved in a manner that seemed to align with the interests of respondent Vodafone Idea Limited, going to great lengths to protect the respondent, even after investigations were initiated under pressure from central law and consumer ministries and the Honorable Mumbai High Court.
iv.Mr. Mohan Mankar sent a fabricated report to Registrar (Legal) of Maharashtra State Consumer Disputes Redressal Commission (Exhi - E), which contradicted the investigation report of Mr. Vilas Pawar, The Registrar of CONSUMER DISPUTES REDRESSAL forum thane (Exhi -F).
10.I, the appellant argue that I am sharing the whole biased behavior of all the Presidents of CONSUMER DISPUTES REDRESSAL FORUM, THNAE during the hearing of consumer complaint. Please check the details below:-
i.I submitted complaint on 11/03/2011 with CDRF, Thane but CDRF, Thane never sent any notice to Vodafone Idea Ltd.
ii.In 9th hearing President Mr. Rahatgaonkar passed order to submit proper address then I demanded acknowledgement receipt of notice which this forum sent to Vodafone Idea Ltd Limited but he refused to give any direction to the CDRF staff and told if I will not submit correct address then complaint will get dismissed.
iii.After argument with President Mr. Rahatgaonkar, I submitted copy of letter of Vodafone Idea Ltd advocate (Exhi - D) with the same address which I mentioned while filling the complaint. After receiving this letter first time District Forum sent notice to Vodafone Idea Ltd after a year from the date of complaint.
iv.First time Vodafone Idea Ltd Advocate appeared in this Forum after 13th month from the date of registration of case but Honorable Forum did not take any action on Vodafone Idea Ltd.
v.Second time Vodafone Idea Ltd appeared in this Forum after 25th month from the date of registration of this case. In this hearing advocate of Vodafone Idea Ltd and President Mr. Umesh Jawalikar created dirtiest & shameless atmosphere in this Forum. Mr. Umesh Jawalikar was working like the slave of Vodafone Idea Ltd advocate. He continues his rubbish activities with Vodafone Idea Ltd advocate continuously then I made RTI against him with Registrar Mr. Vilas Pawar but no positive feedback I receive from this Forum.
vi.After continuous torture from Mr. Umesh Jawalikar & Vodafone Idea Ltd advocate I filed complaint with Chief Justice of India on July 1st 2013. Then he continuously took three hearing in July 2013 and passed the order but whatever order he passed it is totally different from daily order which was on record.
vii.To create pressure on me Vodafone Idea Ltd Limited succeed to show my number on TRAI website as a commercial consumer (Exhibit - G) with the help of corrupt TRAI officers. The fact was I never used any commercial services of Vodafone Idea Ltd & also I never applied for commercial services.
viii.After successfully registering my number as a commercial consumer Vodafone Idea Ltd filed Summary Civil Suit with the help of corrupt Civil Court Ulhasnagar Judge. Vodafone not only filed Summary Civil Suit but also succeed to get Decree Order without any notice & hearing from Civil Court Ulhasnagar.
ix.After getting successful Decree Order from Civil Court Ulhasnagar, Vodafone Idea Ltd Advocate appeared in District Forum second time & fraudulently informed me about Summary Civil Suit matter pending in Civil Court Ulhasnagar in her written statement.
x.From that day to the date of interim order Vodafone Idea Ltd Advocate did every illegal activity with the help of corrupt Umesh Jawalikar to torture me so that I can take back the complaint or move for illegal settlement.
xi.The complaint made by me against this illegal syndicate with Chief Justice of India and Consumer Ministry moved from these government and judicial organizations to Mumbai High Court and finally to Maharashtra State Consumer Commission.
xii.After receiving these complaints corrupt Umesh Jawalikar transferred to other forum and Mr. M Y Mankar appointed new forum President.
xiii.After receiving these complaints from upper judicial organizations and consumer ministry, Maharashtra Consumer Commission directed District Forum to release order on my consumer complaints.
xiv.Also Maharashtra Consumer Commission directed District President and registrar separately to provide detail report on this matter. District President and Registrar submitted their reports to State Commission which was contradict to each other. Registrar submitted fact of this matter (Exhi - F) but President submitted fake report (Exhi - E) to protect his predecessor.
xv.After receiving direction from State Commission District President Mr. M. Y. Mankar demanded synopsis from me to release the order but while passing the order he denied to accept the synopsis. He also neglected to accept the synopsis and did not mention in daily order regarding synopsis. (Exhi - H)
xvi.Finally District President released baseless interim order in April 2015.
11.I the appellant argues that after successfully registering my number as a commercial number Vodafone Idea Ltd filed Summary Civil Suit with the help of corrupt Civil Court Ulhasnagar Judge Mrs. V. J. Kore on 29th September 2012. Not only filed Summary Civil Suit but also succeed to get Decree Order without any notice & hearing. I am providing point wise details.
a.After getting successful Decree Order from Civil Court Ulhasnagar, Idea Cellular Advocate informed me about Summary Civil Suit matter through her written statement filed in District Forum.
b.Summary Civil Suit registered on 29th September 2012 but no any notice or summons sent to me.
c.Judge Kore continuously misused her power to protect Vodafone Idea Ltd till the date of her transfer in 2015.
d.After the transfer of Judge Kore, Civil Judge K. P.S. Jain Desarda appointed as a Civil Judge of Ulhasnagar. After verifying the documents of summary civil suit file and evidence provided by me, Civil Judge K.P.S. Jain Desarda converted summary civil suit to regular civil suit.
e.After the order of Civil Judge K.P.S. Jain Desarda, she immediately transferred to other court and Mr. Hemant U Joshi appointed as a Civil Judge of Civil Court Ulhasnagar. Mr. Joshi never opened to case file during his whole tenure.
f.After the transfer of Mr. Hemant Joshi, Mr. Ashok U Atre appointed as a Civil Judge of Civil Court Ulhasnagar and first time I seen high profile judicial gundagardi by Mr. Ashok Atre. He continuously created judicial terror in court room and called police in court room by giving direction to them to arrest me if they find anything wrong in my behavior.
g.After my continuous complaint against illegal court proceedings case transferred from Mr. Ashok Atre to Civil Judge S.C. Salvi.
h.Civil judge S.C. Salvi not only indulged to manipulate cross examination order but also recorded most of the order from back door.
i.Finally this suit got dismissed in August 2022.
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