Andhra Pradesh

Nellore

CC/18/2016

Chekki Reddy Abhiram Reddy,S/o Krishna Reddy. Chief Planning Officer(Retired), aged 78 years - Complainant(s)

Versus

1. M/s Airtel DTH Company, rep by its Nellore Area Service Manager - Opp.Party(s)

Inperson

29 Apr 2016

ORDER

                                                             Date of filing       :  11-02-2016

                                                             Date of disposal  :   29-04-2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

           :: NELLORE ::

                                                       

Friday, this the 29th day of APRIL, 2016.

 

          PRESENT:  Sri M.Subbarayudu Naidu, B.Com.,B.L., LL.M.        

                                      President(FAC)& Member

                                      Sri N.S.Kumara Swamy, B.Sc., LL.B., Member

                             

                                          C.C.No.18/2016

 

Cheeki Reddy Abhirami Reddy,

Chief Planning Officer (Retired)

Aged 78 years, residing in D.No.26-12-1037,

SHAR Colony, B.V.Nagar Extention,

A.K.Nagar P.O.Nellore-524 004 Owning BSNL Land Line

  Bearing No.0861-2322232 and Mobile 8985580787.    …         Complainant.

 

                      Vs.

                                                                            

1)M/s.Airtel DTH Company,

   Rep. by its Nellore Area Service Manager,

   Working in Retailers office located at upstairs of A1

     Super Biriyanai  Centre by the side of Vigneswara Clinical

      Laboratory, Main Road of Vijaya Mahal Gate, Nellore

       With Mobile 9908011816 Airtel

 

2)   M/s.DTH World represented by its proprietor,

      Opp.Madhura Sweets, Brundavanam, Nellore-1.

      With Mobile no.8886262999.                                    …            Opposite parties

 

This matter coming on  22-04-2016  before us for final hearing in the presence of the complainant appeared as in-person and  the opposite parties 1 and 2 remained absent and having stood over for consideration till this day, this Forum passed the following:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

ORDER                                                                                                                                                                                                                          (BY SRI M.SUBBARAYUDU NAIDU, PRESIDENT (FAC) ON BEHALF OF THE BENCH)

 

     This Consumer case is filed by the complainant-in-person against the opposite parties 1 and 2 to direct them to pay Rs.25,000/- to him towards damages for causing mental  stress, physical agony and put him unnecessary expenses on phone bills, besides to direct them also to pay back due amount Rs.6-12 with Airtel DTH from    16-12-2015 with heavy damages of Rs.5,000/- for their negligence and pass such other relief or reliefs as the Hon’ble Consumer Forum may deemed it fit and proper in the circumstances of the case in the interest of justice. 

 

The factual matrix leading to filing of this consumer case is as stated as hereunder:

I.(a) It is the case of the complainant that he had purchased Airtel DTH H.D. connection on 08-11-2011 along with Sony Bravia T.V. from M/s.Sai Nathan & Company, Nellore after payment of Rs.2,300/- with I.D.No.3009361226 through Airtel DTH Service Nellore.  Xerox copy of the Airtel Customer Relationship Form is enclosed (En-1) which is not at all visible.  It was recharged on payment of Rs.1896/- & Rs.1750/- on          05-11-2012 and 12-12-2013 through M/s.New Genuine Systems respectively (En-2 & En-3). The complainant had further submitted that he had paid Rs.1815/- on 12-12-2014 for re-charge upto 12-12-2015 with M/s.D.T.H. World(En-4) wherein it was clearly noted the recharge for one year, i.e., upto 11-12-2015.  At that time Mr.Jayaramireddy is incharge of Nellore Area Service Manager in place of Mr.Raju and it was also acknowledged through message from 919845060639 on 12^th Dec.2014 and 11.21:43 AM.  The text of message is “Your Airtel Digital T.V.Account I.D.300930 1226 has been successfully recharged with Rs.1815/- through dealer mobile 0984902252 Transaction ID 65368893.

 

(b) It is also further submitted by the complainant that in page no.2 of his complaint that on 16-09-2015, he had received a message from Airtel DTH that necessary balance was not available in his account and requested for re-charge with some amount and avoid interruption of Tele vision services which shocked him like anything even though he had paid more amount that the previous year. The complainant had requested both the local retailer and Airtel DTH to continue the transmission upto 12.12.2015 as per their message successfully re-charged with Rs.1815/- so many times which were in vain and transmission was stopped on 20-09-2015 and 21-09-2015.

 

( c )   It is also further submitted by the complainant in para-2 at  page no.2 of his complaint that on 22-09-2015, he had been to DTH word and enquired with Service Manager and knew that lock-in-period was not made at the time of re-charge.  Though, it is the duty of the Service Manager, his deficiency service was resulted in loss of Rs.200/- besides mental stress & physical agony being a post cardiac patent.  At the request of Service Manager, the complainant had paid Rs.200/- with DTH world and re-charged his television services on 22-09-2015 adding Rs.300/- from Airtel DTH clearly mentioning “South Max Package at Rs.160/-“.  On 23-09-2015, message from A.D. Air DTH Phone 919849087012 was received at 01.14.24 AM stating that “Customer I.D. 300 9361226 A/c. Balance Res.509.8 Validity 26 Dec.2015 and Plan South Max. monthly charges of Rs.160/- base pack Rs.160 last re-charge amount and date Rs.200-22 Sept.2015.  No. of connections-1.  Surprisingly, the complainant had received message on 10^th Dec.2015 from A.D. AIRDTH 912849087012 at 06:53:49 informing that validity of opposite parties digital D.V.ID will expire in 5 days recharge immediately with Rs.510/- and earn Rs.30 bonus and Ignore if done already T&C quite contrary to their own message dated 23^rd September, 2015 proponing the validity from 26^th Dec.2015 to 15^th Dec.2015.

 

(d) It is also further submitted by the complainant that in para-3 at page no.2 of his complaint that his Airtel DTH Services were stopped at 9 AM on           16-12-2015 3 messages were sent to 9849087018, 8130081300 and 9908011816 seeking clarification “why stopped screening today deviating your own message dt.23-09-2015 at 02.14:24 seconds for I.D. 300936 1226 Abhirami Reddy and there was no reply from all of them.  This speaks of their negligence towards subscribers.  On 16-12-2015, the complainant contacted Airtel 040-44448888 from land line with Mr.Nagarjuna Lata and Vamsi who intimated that as the company calculated his pack at Rs.193/- P.M.  The complainant’ s balance was gone down to Rs.6-12 paise, that is why Airtel DTH stopped the service which is unjust, illegal and breach of contract.  This clearly witnesses that the company is concentrating on minting of money only with fraudulent means, uncared for subscribers intentions.  The complainant was living on his pension only.  Hence, the complaint.

 

II.  DEFENCE:

Brief history of the opposite parties:- 

    After receiving notice from the Forum, the 1^st opposite party, on the hearing date 15-03-2016, was intentionally refused, without responding to the allegations of the complainant. The 2^nd opposite party even though received, kept silent. Thereafter, the consumer case was posted to complainant’s chief-affidavit and on     04-04-2016 he had filed it and for filing his written arguments.  The Exs.A1 to A6 were marked on behalf of the complainant and received his written arguments of the case.  At last, the case was reserved for orders on 22-04-2016.

 

III.   Basing on the material available on the record, the points that arise for determination are namely:-

(a)Is there any deficiency in service on the part of the opposite

    parties towards the complainant?

(b)Whether the complainant is entitled to get the reliefs as

    prayed for, if it is so, to what extent?

          (c) To what relief?

 

 

IV.  POINTS 1 AND 2 :

     In view of these two points are inter-related and depends on each other, they have been taken up together for discussion and determination of the case.  The complainant has once again reiterated the facts of the case, basing on the complaint, Chief affidavit and documents filed herein. It is nothing but repetition of them.

 

Oral Submissions by the  complainant:

    The complainant-in-person has vehemently argued that his complaint, chief-affidavit and written arguments may be read as part and parcel of his oral arguments. He has further contended that there is sufficient deficiency in service towards him by the opposite parties.  He has also further narrated about the case particulars as it is mentioned in the complaint.  The said complainant has further urged that the officials of Air Tel DTH Company and its branch office are intentionally abstained and avoided to give reply.  He has also further urged that the documents which are marked as Exs.A1 to A6, are essential to prove his allegations. He has urged much about that he is having Airtel connection to his mobile phone and paid the said amounts as mentioned in the complaint and proved the same by documentary evidence.  Finally, he has prayed that the Hon’ble District Consumer Forum may be pleased to allow his complaint by awarding compensation/damages as  prayed for with costs.

 

Forum’s Findings and observations

       Heard, the complainant-in-person and perused the record very carefully. He led the evidence by way of his chief-affidavit. The oral arguments of the case, is advanced by reiterating the facts of the case once again. Each case has to be judged on its own facts.  The Core question before us is that whether the complainant is entitled to the reliefs, as prayed for.  Is there any deficiency in service?  These points are here discussed to determine them and thereafter award compensation, if any, to the complainant.  Before considering it, it would be appropriate to discuss the documentary evidence in support of the allegations of the complainant.   

 

Documentary evidence:

   The documents which are marked as Exs.A1 to A6 on behalf of the complainant, and they are proved his allegations against the opposite parties 1 and 2.

         Ex.A1 is the empty customer relation form except customer i.d.no.:3009361226 filled-up; Ex.A2 is the receipt dt.05-11-2012 issued to the complainant by New Genuine systems (OP2), Nellore for Rs.1896/- for his RTN no.8985580787 Ex.A3 is also another receipt dt.12.12.2013 for Rs.1750/- issued by New Genuine Systems, Nellore, (Retailer OP2) to the complainant; Ex.A4 is the document relating to re-charge for 1 year dt.12.12.2014 for Rs.1815/- which issued by DTH world to the complainant; Ex.A5 is also another re-charge receipt dt.22.09.2015 for Rs.200/- issued by DTH world to the complainant; and Ex.A6  is the phone bill dt.05-02-2012 issued by BSNL to the complainant for Rs.772/-.  These documents are certainly proved the allegations of the complainant against the opposite parties 1 and 2.  We do not understand that why the opposite parties have charged such amounts more than Rs.5,000/- or more and collected from the complainant in connection with his Airtel mobile phone and what type of services rendered by the opposite parties with details are not furnished and totally neglected and avoided to give information and refused to take the notice by the 1^st opposite party from the Forum.  It means that there is recklessness and negligence on the part of the 1^st opposite party not only towards the complainant and also to Consumer Forum.  It is crystal clear that there is ample deficiency in service and it is at large on the part of the opposite parties towards the complainant.

 

Relevant Case-Law:

    These Rulings of Apex Commission, are note-worthy and important to the facts of the case.  The appropriate case-law on the present subject of the case, is much relevant for its applicability to the case on hand.

1. Complaint is based on deficiency in service must establish the same by leading cogent evidence-2011(2)CPR 68(NC).
2. Compensation or damages can be awarded only if the complainant has suffered loss or damages due to negligence of manufacturer or service provider – 2011(2) CPR 101(NC).

   It is suffice for us to mention above rulings to the case on hand for their applicability.

  

       In view of the facts and circumstances of the case as stated above, we are firmly believed that the opposite parties 1 and 2 are purposefully and intentionally abstained from the proceedings of the Forum and thereby avoided totally to respond the allegations of the complainant.

 

 

 

    We are convinced with the oral arguments of the complainant-in-person and he has proved his case considerably.  Mental agony cannot be measured in terms of money.  It is a fit case to award compensation of Rs.15,000/- to the complainant  under the circumstances of the case.  He is a customer to the opposite parties since 2011 and no reply whatsoever to him from the opposite parties.  Abruptly, by showing minimum balance towards his mobile phone without explanation and dodging the case eternally without providing services by opposite parties 1 and 2, amounts to gross-negligence of the opposite parties and nothing more than that. Being a spectator, this Forum will not sit silently by observing the situations and circumstances and it will act normally and function to punish the wrong doer. It will meet the ends of justice. So, these two points 1 and 2 are answered in favour of the complainant and against the opposite parties.

 

POINT NO.3:  In the result, the complaint is allowed in part, ordering the opposite parties 1 and 2 are jointly and severally liable to pay Rs.15,000/- (Rupees fifteen thousand only) to the complainant as compensation for mental agony suffered by him and also payable Rs.2,000/- (Rupees two thousand only) to him towards costs of the complaint within one month from the date of receipt of the order.

Typed to the dictation to the stenographer and corrected and pronounced by us in the Open Forum this the 29th day of APRIL                                2016.    

 

              Sd/-                                                                             Sd/-

         MEMBER                                                                 PRESIDENT(FAC)

 

APPENDIX OF EVIDENCE

 WITNESSES EXAMINED FOR COMPLAINANT:

 

PW1

04-04-2016

:

Cheekireddy Abhiramireddy, S/o.Krishna Reddy, age 78 years, presently resideint at D.No.26-2-1037 Shar Colony, A.K.Nagar (P), Nellore.

 

WITNESSES EXAMINED FOR OPPOSITE PARTIES:

 

N I L -

 

                                                                              

EXHIBITS MARKED FOR COMPLAINANT:

 

Ex.A1	-	:	Photostat copy of Airtel digital T.V. customer relationship form.
Ex.A2	05-11-2012	:	Photostat copy of receipt issued by the New Genuine Systems bearing No.95 for Rs.1896/-.
Ex.A3	12-12-2013	:	Photostat copy of receipt issued by the New genuine systems bearing No.33.
Ex.A4	12-12-2014	:	Photostat copy of receipt issued by the D.T.H. World bearing no.244 for Rs.1815/-.
Ex.A5	22-09-2015	:	Photostat copy of receipt issued by the D.T.H. World bearing no.1175 for Rs.200/-.
Ex.A6	05-02-2016	:	Telephone Bill for Rs.772/- issued by Bharat Sanchar Nigam Ltd., Nellore Telecom District.

 

EXHIBITS MARKED FOR OPPOSITE PARTIES:                      

 

			N I L -

 

            Id/-                                                                                                PRESIDENT(FAC)

 

 

Copies to:

 

1)Sri Cheeki Reddy Abhirami Reddy, Chief Planning Officer (Retired)

   Aged 78 years, residing in D.No.26-12-1037, SHAR Colony, B.V.Nagar Extention,

   A.K.Nagar P.O.Nellore-524 004 Owning BSNL Land Line, Bearing No.0861-2322232    

   and Mobile 8985580787. 

 

2) M/s.Airtel DTH Company, Rep. by its Nellore Area Service Manager,

    Working in Retailers office located at upstairs of A1, Super Biriyanai  Centre by

    the side of Vigneswara Clinical Laboratory, Main Road of Vijaya Mahal Gate, Nellore

    With Mobile 9908011816 Airtel

 

3)  M/s.DTH World represented by its proprietor,  Opp.Madhura Sweets,  

     Brundavanam, Nellore-1  With Mobile no.8886262999.                   

          

 

Date when order copies are issued: