DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 6/2018
D.No.__________________ Date: ________________
IN THE MATTER OF:
PARVEEN GUPTA,
S/o SH. H.R. GUPTA,
R/o AP-69, 1st FLOOR,
SHALIMAR BAGH,
DELHI-110088.… COMPLAINANT
Versus
AIRTEL,
BHARTI CRESCENT, 1,
NELSON MANDELA MARG,
VASANT KUNJ-II, PKT.-4,
SEC.-C,NEW DELHI-110070. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 04.01.2018
Date of decision:25.10.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under the Consumer Protection Act, 1986 therebyalleging that the complainant ported his mobile no. 9810456962 in May-2017 from Aircel to Airtel and the complainant sufferings started from then itself till date the complainant is not getting adequate or committed
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services by OP as per plan which the complainant opted and still paying on all monthly bills but facing lot of inconvenience and now it has become harassment from OP. The complainant further alleged that the complainant was using Aircel for more than 10 years with no issues at all but only because of keeping faith on Airtel’s promises and commitments and now the complainant is put into totally discomfort state. Thereafter, the complainant is not getting proper services but however, the complainant tried to manage but when all was beyond the level of tolerance, the complainant approached Airtel customer care. On 19.08.2017, the complainant registered a complaint vide reference no. 79280326 for do not disturb services but no resolution has been made so far, after repeated complaints, after 6 days i.e. on 25.08.2017, the complainant got a reply from the side of OP asking for details of promotional calls and in the above stated reply they assured the complainant of penal action against promotional but all it was of no use. On 30.08.2017, the complainant got a mail assuring that network engineers are on work and to check status they guided to logon to the website which is perhaps artificially designed by them and is not a solution for the issue and this was just to detract a customer instead of providing the solution, they gave a false assurance and again asked for same call details of all promotional calls which the complainant already furnished to them earlier and
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in the mail they themselves accepted that calls promotion won’t stop instantly and it will take time but how much time, they failed to provide facts and solutions, it means it may take 6 months or a year or it may not at all resolve also and above all Airtel itself is not sure to provide a solution. On 08.09.2017, they again assured the complainant a solution but this time they need more time of another 10 days just to kill time and as they all know that the number is already registered for DND but just to misguide they were providing baseless details and excuses just to mislead complainant. Thereafter, it was unbearable and painful that how the complainant passed 5 months, during this period the complainant tried all the best efforts to stop the unwanted calls but all of no use and earlier most calls were from idea, after mailing to idea’s nodal officer, the complainant got a reply to contact the service provider which in the case is Airtel and the complainant used by all service providers merely as a football from one provider to another but nobody was willing or wants to take responsibility. With no reply from Airtel at such level the complainant approached even to appellate desk of Airtel and this was 30.10.2017, it means that in 65 days, the complainant was kept aside with no resolution and again on 30.10.2017, they need 72 hours more to resolve the issue. On 24.08.2017, the complainant lodged another complaint vide request no. 78897427 regarding the call dropping and no internet service on the mobile and like no action against DND, no
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action for the call dropping and no connectivity has been made till date, after making numerous calls and reminders for the issue and Airtel’s executive visited the office of the complainant and he himself accepted that there is really internet & connection issue but no resolution has been made so far and even after asking for brief summary of the report he declined to do so. The complainant further alleged that the complainant mailed them again and asked for solutions to the issue, the complainant got their mail on 31.10.2017 and in the mail they accepted that they have no control over such DND services which is unsatisfying andOP again fraudulently tried to escape from the responsibility by stating in their reply that they are uncertain to decide and provide the time frame in which the issues will be resolved. The complainant further alleged that he moved an application in Centralized Public Grievance Redress & Monitoring System vide Ref. no. DARPG/E/ 2017/30147. On 08.11.2017, Airtel engineer visited the office of the complainant and after analyzing noted to the complainant that the complainant is not able to receive proper connectivity thus resulting in call dropping and no internet and that engineer refused to provide any other document to the complainant. The complainant further alleged that on 28.11.2017 he went to nearest Airtel store to get SIM changed but they refused to do so and asked the complainant to go to another store. Thereupon the complainant went to Airtel Store at Netaji Subhash Place where new SIM was
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given to the complainant but all of no use. The complainant further alleged that on 11.12.2017 while on conversation and in reply from Airtel, it was stated that network is OK and whereas the engineer has satisfied that network is OK and the complainant did not receive any resolution. The complainant further alleged that he bought a new handset on 11.12.2017 but of no use and still facing call dropping and worst connectivityand still receiving all promotional calls and the complainant got the voice recording from the customer care executive of OP and further alleged that he has suffered harassment on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP for resolution for call dropping or loss of connectivity during calls, improvement in interest services and has also sought compensation of Rs.1,00,000/-.
3. Notice to OP was issued through speed post for appearance on 02.04.2018 and the notice was served on OP on 23.01.2018 as per track report. But none for OP appeared on 02.04.2018 and as such OP has been proceeded ex-parte vide order dated 02.04.2018.
4. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copies of e-mail communications between the parties, copies of messages and copy of tax invoice dated 11.12.2017.
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5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant.The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving notice ofthis case from this forum, OP has kept mum and has not bothered to answer the case of the complainant. It also shows that OP has no defence at all.However, the problem and grievance of the complainant is with respect to “No Connectivity” and “No Connection” as a result of which the complainant is facing problem in using internet connection as well as mobile network and the said problem has not been sorted out by OP despite various complaints. Accordingly, OP is held guilty of deficiency in service.
6. Accordingly, OP is directed as under:
i) To pay to the complainant an amount of Rs.10,000/- ascompensation towards mental agony and harassment caused to the complainant which includes cost of litigation.
7. The above amount shall be paid by OP to the complainant within 30days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OPfails to comply the order within 30 days from the date of receiving copy of this order, thecomplainant may approachthis Forum u/s 25/27 of the Consumer Protection Act, 1986.
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8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 25thday of October, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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