BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.310 of 2018
Date of Instt. 03.08.2018
Date of Decision: 11.12.2018
Rajat Chopra S/o Sh. Pawan Chopra R/o NB266, Lakshmi Pura Jalandhar. Age 31 years.
..........Complainant
Versus
1. Airtel Centre, Plot No.16, 6th Floor, Udyog Vihar, Ph-4, Gurgaon- 122001, Haryana India, through its Manager/Representative/Owner/Partner.
2. Airtel DTH, Address: 215, Park Lane, Master Tara Singh Nagar, Jalandhar, Punjab 144001, through its Manager/Representative/Owner/Partner.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Harvimal Dogra (Member)
Present: Sh. Rajat Chopra, Adv Counsel for the Complainant.
OPs No.1 and 2 exparte.
Order
Harvimal Dogra (Member)
1. The instant complaint has been filed by the complainant Rajat Chopra against the OPs i.e. Airtel Centre etc., on the ground of unfair trade practice and deficiency in service with the prayer that the complaint of the complainant may be accepted and OPs may be directed to pay a compensation of Rs.70,000/- for the harassment and mental agony and Rs.11,000/- as travel and legal fees and refund of the price paid Rs.8950/- along with 18% interest and refund of the set-top box etc.
2. The brief facts of the complaint are that the complainant is the consumer of the OP product with the connections IDs No.3020426675, 3020426675-002 and 3020426675-003 of the DTH from the last so many years at Jalandhar. That on 31th July 2018, complainant received a call from the executive of OP and he offered a plan of Rs.5500/year i.e. Infinity Pack and on rest of the multi connection, he offered him the plan of 1925 each for year and told to the complainant that still the validity of the two multi connections/add-on connections are pending for 37 days and they will post the refund of the same i.e. Rs.247/- for each connection and the complainant agreed and made the recharge with Rs.8950/-, on 31.07.2018 in the morning the services of the Airtel ID was started by OP, but after few minutes, the complainant started receiving a message that the services of the ID No.3020426675 has been stopped today recharge with 150 or more to enjoy uninterrupted services, it is worthwhile to mention here that the accounts/IDs of the complainant digital accounts was recharged for 1 year on 31.07.2018 and regarding this an email confirmation is also given to the complainant by the team of Airtel. Now, the main grievances of the complainant is that he was not able to use the services of the Airtel even after the payment. The complainant also made many complaint, but no action was taken by the OPs. The act and conduct of the OPs caused mental tension and harassment, hence, this complaint.
3. After the formal admission of the complaint, notice was issued to the OPs, but despite service none has come present on behalf of the OPs and ultimately, OPs were proceed against exparte.
4. In order to prove his exparte claim, the complainant himself tendered into evidence his duly sworn affidavit Ex.CA along with documents Ex.C-1 to Ex.C-5 and then closed the evidence.
5. We have heard the learned counsel for the complainant and also examined the material on the record and given a thoughtful consideration to the arguments advanced before us.
6. From the very outset, it is clearly established by the complainant that he got initially recharge yearly pack from the OPs and deposited Rs.5500/- per year for principal ID No.3020426675 and as per offer for the other two multi connections, the complainant also deposited Rs.1925/- each for yearly pack and the said amount has been admitted by the OP, vide email message Ex.C-4 and further to prove that the said amount of Rs.8990/- had been paid by the complainant for yearly pack, the complainant produced on the file copy of the email Ex.C-1, wherein it is clearly admitted by the OP that as per telephonic conversation with the complainant on 31.07.2018, the OP would like to inform that annual package as got activated on your IDs. From the above wording of the email, itself clearly proved that the OP has accepted the said amount as yearly pack and activated not ID rather IDs, means principal connection as well as multi connection, but later on, the OP has no option to demand further any amount from the complainant because when as per settlement, the complainant purchased yearly pack for principal connection as well as two other connections, then the same would be considered as payment for the year, but as per email message Ex.C-4 received on 10:48 AM, the OP has again demanded Rs.150/- more, not so the same demand was again repeated at 11:00 AM.
7. So, from the above detailed discussion, it is apparently established that there is a deficiency in service as well as unfair trade practice on the part of the OPs, who demanded the recharge amount again and again from the complainant and as such, we hold that the complainant is entitled for the relief claimed and therefore, complaint of the complainant is exparte partly accepted and OPs are directed to reimburse the deposited annual pack charges of Rs.8950/-, to the complainant (as the complainant has not enjoyed the facility of the aforesaid connection) with interest @ 9% per annum from the date of filing complaint, till realization and further OPs are directed to pay compensation, to the tune of Rs.5000/- and litigation expenses of Rs.2000/-. The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Harvimal Dogra Karnail Singh
11.12.2018 Member President
