BEFORE THE DISTRICT CONSUMER FORUM : WARANGAL
Present: Sri D. Chiranjeevi Babu,
President.
Sri N.J. Mohan Rao,
Member
And
Smt. V.J. Praveena,
Member.
Tuesday, the 20th day of May, 2008.
CONSUMER COMPLAINT NO. 39/2007
Between:
P. Damodar, S/o Veeraiah,
R/o H.No.2-5-7,
Opp. Post Office lane,
Ram Nagar, Hanamkonda,
Warangal.
… Complainant
AND
1. Air Tel, Rep. by its Marketing Manager,
Bharati Tele-Ventures Ltd.,
D-184, Okhla Industrial Area,
Phase-I, New Delhi-110020.
2. EMTEE Cellular,
Rep. by its Partner,
H.No.1-8-528, Sai Arkade,
Balasamudram,
Hanamkonda 506 001. … Opposite Parties
Counsel for the Complainant : Sri. V. Raju, Advocate
Counsel for the Opposite Party No.1: Sri B.Rama Krishna, Advocate.
Counsel for the Opposite party No.2: Sri A.Veerabadraiah, Advocate.
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
ORDER
Sri D. Chiranjeevi Babu, President.
This is a complaint filed by the complainant P. Damodar against the Opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to pay an amount of Rs.25,000/- for Airtel Free Flight Ticket and Rs.30,000/- towards mental agony.
The brief averments contained in the complaint filed by the complainant are as follows:
The complainant is having mobile/cell connection bearing No.98493-46491 at Warangal and the same was purchase from one Authorised dealer of Opposite party No.1 and using the same, Opposite party No.1 have offered Airtel Free Flight Offer Scheme and Opposite party No.2 advertised the same and also sold the Recharge cards from their out lets. The Opposite party No.1 offered to travel in an Air Deccan Flight from Hyderabad to anyone of the place i.e., Delhi, Mumbao, Chennai, Bangalore, Vizag, Kolkate, Tirupati or Vijayawada with a purchase of Recharge card, the recharge card is worth of Rs.2,199/- approximately. The complainant purchased the said Recharge card and duly filled the application and send to the Opposite party No.1’s house and the same was acknowledged. The complainant applied according to Opposite party No.1’s terms and conditions and also paid Airport and other taxes, passenger service charges, airline failure insurance and other surcharges levied by the airline of Rs.442/- dated 5-10-05 through Demand Draft, but Opposite party No.1 have not send the confirmation ticket to him. The complainant pursued the same in Opposite party No.1 Customer Care center, but there was no response from them. The complainant made several efforts, but went in vain. Opposite party Nos.1 an 2 have cheated him in not sending the ticket to travel from Hyderabad to Warangal of any of the place as prescribed in Opposite party No.1 booklets. The complainant demanded the opposite parties to send Air Deccan Flight Ticket and also claimed damages of Rs.30,000/- towards mental agony and Rs.20,000/- towards flight charges from Hyderabad to anywhere in India as prescribed in booklets towards expenditure as promised by Opposite parties. Thereafter
the complainant issued legal notices to the Opposite parties dated 6-11-06 and gave reply on 8-11-06 denying all the facts. The complainant gave rejoinder for the reply given by Opposite parties. Again replied to the rejoinder by Opposite party No.1, but did not choose to pay the amount of Flight Ticket and the legal notice. Thereafter the complainant filed this case before this Forum.
Opposite party No.1 filed the Written version contending in brief as follows:
All the averments mentioned by the complainant in the complaint are denying by the Opposite parties and further stated the complaint deserves to be dismissed for Non Joinder of parties. The complainant has not made TLC Marketing Pic which is the offer supplying and administering company. This was clearly mentioned in the terms and conditions (25) of the office brochure i.e., Ex.B-1 and further the complainant has not given the dates and the date and the date was not available for the confirmation of the tickets . The TLC marketing contacted the complainant and requested to provide his fresh dates of travel to provide free tickets to him. It is pertinent to mention here that as per agreed terms and conditions providing of tickets is subject to the availability of promotional fares in the specified sectors. Opposite parties they have already mentioned above conditions in reply and rejoinder given by them. Hence, the complaint may be dismissed.
Opposite party No.2 also filed the written Version same on the lines of Opposite party No.1.
The complainant in support of his claim filed his Affidavit in the form of chief examination and also marked Exs.A-1 to A-9. On behalf of Opposite party No.1 K.B.S. Sarma filed his Affidavit and on behalf of Opposite party No.2 Sri Kirankar Tota filed his Affidavit in the form of chief examination, but not marked documents.
Now the point for consideration whether the complainant is entitled to get the amounts prayed by him before this Forum mentioned in supra or not?
After arguments of both side counsels, our reasons are like this:
Opposite parties are not liable to pay the amount mentioned in prayer portion of the complaint, because with regard to Non- joinder of parties. In this case, TLC Marketing is the important party. The complainant has not added him as a party. It is true that Opposite party No.1 had offered Airtel Free Flight Offer scheme during October, 2005 for a limited period to its valuable subscribers. Accordingly in the present case, the complainant had subscribed for the Mobile connection by granting the terms and conditions and accordingly the Opposite party No.1 allotted mobile connection bearing No. 98493-46491 and further the complainant had opted to avail the free flight offer and accordingly he submitted the prescribed application form and the same was forwarded to TLC Marketing, Pic., New Delhi and offer administrating agents. Since confirmed tickets were not available, the TLC Marketing had contacted the complainant and requested to provide fresh dates of travel to provide free Flight tickets to him as per agreed terms and conditions providing tickets subject to availability of the promotional fares in the specified sectors. Opposite party NO.2 consistently persuaded with the complainant and requested him to provide his fresh dates of travel so as to provide the tickets. But for the reasons best known to him, the complainant did not prefer to respond and has not provided the alternate dates of travel so as to provide the tickets to him. He is not responded. So it is the duty of the complainant to provide alternative dates of travel and further the complainant has not added the TLC Marketing PIC, New Delhi, it is also bad for non joinder of parties to the complainant.
For the foregoing reasons given by us, we are of the opinion that there are no grounds to allow this complaint. Hence, we answered this point accordingly in favour of Opposite parties against the complainant.
Point No.2 To what relief:- The point No.1 is decided in favour of Oppoiste parties against the complainant, this point also decided in favour of Opposite parties against the complainant.
In the result there are no merits in the complaint filed by the complainant and accordingly the same is dismissed, but without costs.
(Dictated to the Stenographer, transcribed by her corrected and pronounced by us in the open Forum today the 20th May, 2008).
Sd/- Sd/- Sd/-
Member Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
On behalf of Complainant On behalf of Opposite Party
Affidavit of complainant filed Affidavit of O.P.1 filed.
Affidavit of O.P.2 filed.
EXHIBITS MARKED
On behalf of complainant
- Ex.A-1 Original Airtel Subscriber copy of complainant.
- Ex.A-2 xerox copy of application form.
- Ex.A-3 Office copy of legal notice issued to Opposite parties, dt.6-11-06.
- Ex.A-4 Office copy of legal notice issued to Opposite parties, dt.19-1-07.
- Ex.A-5 Reply notice from Opposite party No.1.
- Ex.A-6 Paper cutting of Andhra Jyothi paper, dt.12-01-07.
- Ex.A-7 Acknowledgment cards
- Ex.A- 8 Acknowledgment card.
- Ex.A-9 Letter from Opposite party no.2 to counsel for complainant, dt.8-11-06.
On behalf of Opposite party.
Nil
Sd/-
President.
