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consumer case

(Querist) 03 August 2016 This query is : Resolved 
i had recharged my airtel number (registered on my friends name) , the company recharged it wrong scheme plan instead of my choice , i have taken all snapshots and proof . the online bill is in my name , debited by my bank account , i have the copy too of that bill.
i had filed the case on consumer forum . what are the chances of winning in this case, as the opposite party is arguing that the owner of this number is someone else.
my point is i purchased the service , i paid the bill , bill is in my name , so according to consumer act 1986 i am the consumer . i have purchased the service not the sim , i have the problem with service not by the sim.
please provide me some advic
Thank you
Parakh (Querist) 03 August 2016
what if i withdraw this complaint , what reason should i give so that no negative impact falls on me

and in real company has done cheating but i forget that this sim was in my friends ID and now my friend live very far away (MUBAI) , HE WILL NOT ABle to come and involve in this mattter .

and actually i am the real person who has bill presenting my name.
thank you
Devajyoti Barman (Expert) 03 August 2016
Since the si is in his name , you can not file case in your individual capacity.
If your wants he can give you a POA so you can carry on with this case but the case would be fought in his name only and the award if any is ever granted that would be passed in his name.
So you better forget this episode.
Kumar Doab (Expert) 03 August 2016
Agreed with Mr. Devajyoti Barman.

Had you shared full facts and proceeded under advise of your able counsel then your counsel would have helped to not to commit such error.





Parakh (Querist) 03 August 2016
Sir i have already filed it's been 5 months , I have no lawyer or counsellor . Now sir please advice me how to withdraw the case without any negative impact on me , what reason should I write in withdrawal process??
Thank you very much sir
Parakh (Querist) 03 August 2016
I haven't shared the fact that the sim was registered in my friends name because i too forgotten about this fact because as sim was purchased 5 years ago and i am using it since then.
Please tell me the content for withdrawing this case
Thanks
Parakh (Querist) 03 August 2016
Or can court directly cancel (khaariz) my case without any penalty on me ???? As I have done mistake for not submitting the fact of owner name of sim??? But it was not done intentionally I too was not remember about that point it was 5 year old sim sir .
Rajendra K Goyal (Expert) 03 August 2016
On the date appear and prey to forum to withdraw the complaint, if you want to withdraw it.
R.K Nanda (Expert) 03 August 2016
Nothing to add.
Parakh (Querist) 03 August 2016
Thanks a lot , will my friend can go instead of me as next date Is on 5 Oct and I have to go for exam on that date . I can assign him by authority letter
H. S. Thukral (Expert) 03 August 2016
The definition of Consumer in the Act :
who buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose
Though your friend bought the sim but you are using it with his approval. You are Consumer within the definition. No need to withdraw the complaint
Parakh (Querist) 03 August 2016
Thanks a lot sir but sorry now I am little bit confused
Parakh (Querist) 03 August 2016
Also is my presence is necessary for withdrawing the case?? Or my friend with my authority letter can do so????
adv.bharat @ PUNE (Expert) 03 August 2016
You can send your friend with your authority to act on his behalf. Your presence is not necessary for attaing on that day if u given POA to ur friend to attain on ur behalf.
Kumar Doab (Expert) 03 August 2016
You may carefully go thru the last post of Expert Mr. H.S.Thukral.


As per which you do not need to withdraw.
Parakh (Querist) 03 August 2016
Okay sir thank you but if I withdraw my case then may you please advice me some suitable content ,matter or reason of withdrawing the case ??? Please
just please tell me the content to write in application which don't make my situation negative or nor In result turn me faulty , guilty or turn negative situation against me or court punish me with this complaint .??

feeling nervous little bit
help please just last help Thank you
Parakh (Querist) 03 August 2016
Can I write in withdraw application that " I was a student at the time of filing case in indore but now my graduation is completed and I am back to my home town srinagar , thus still as a student I don't have much money to come indore regularly for dates , nor have money for lawyer and all close friends are gone back to their home town after graduation "
this is actually a really story of mine too sir
H. S. Thukral (Expert) 04 August 2016
If you don't want to pursue the case, don't attend it. Complaint will be dismissed in default. There is nothing which you call negative impact on you in withdrawing the case by simply making a statement in the court or let it go by a default. Don't get puzzled or nervous.
Parakh (Querist) 04 August 2016
Thank you sir now I m relaxed and satisfied thank you very much


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