BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case No.188 of 2018.
Date of instt.:20.06.2018.
Date of Decision: 30.07.2019.
Manjit Kumar son of Sh. Subhash Chahar, resident of village Kheowali, Tehsil Kalanwali, District Sirsa.
……….Complainant.
Versus
Bharti Airtel Limited, Plot No.41 & 42, Industrial Park, Sector 2, Growth Center, Saha, Distt. Ambala, State Haryana.
..……..Opposite Party.
COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT, 1986.
Before: SH.R.L.AHUJA…………………………PRESIDENT
MRS.SUKHDEEP KAUR………MEMBER.
Present: Complainant in person.
Shri A.S.Kalra and Sh. Manvir Singh, Advocates for the opposite party.
ORDER
In brief, the case of the complainant is that on 26.5.2018 complainant got recharged Airtel company Sim No.97290-58867 for an amount of Rs.169/- in which the complainant was to be given 1 GB 3 G date every day and unlimited local and STD calling for 28 days but the said benefit was given by the op’s company for only 14 days. When he contacted with the company, every time they told that the above said benefit will be started on his number in some time but it was not given. That thereafter complainant got registered his complaint with National Customer Centre vide complaint no.769779 and as per their instructions he got registered his complaint at pgportal.gov.in vide DOTEL/E/2018/14617. That after receiving of reply of this complaint, a call was received from airtel company and they told him that the benefit which was to be given to him will be now given to him but when complainant asked to make good his loss, they did not give any satisfactory reply. It is further averred that record of the messages and calls received from the company is available with the complainant in which different information has been provided. That due to the act of the company, the complainant has to suffer huge financial loss as well as mental harassment. Hence, this complaint.
2. On notice, opposite party appeared and filed written statement taking certain preliminary objections regarding maintainability, lack of jurisdiction and that as per Section 7-B of the Telegraph Act, the remedy under the Consumer Protection Act is barred and such disputes are to be referred to the arbitrator. On merits, it is submitted that as per the terms and conditions related to Rs.169/- scheme that the complainant allegedly recharged his number with, the benefits of the scheme has a validity of only 15 days for all users except those users who have purchased their partner handset. As per the terms and conditions, for Partner Handset listed on the webpage, with INR 169/- benefits included unlimited local + STD mobile calls (subject to fair usage policy) + 1GB data per day for a period of twenty eight days and for other handset, with INR 169/-, benefits included unlimited local + STD mobile calls + 1GB data per day for a period of fourteen days. As the complainant did not fall into the category of partner handset with which the answering op had a tie-up with, thus, the complainant was able to receive the benefits only for a period of 14 days and not 28 days. Further, the concept of partnered handsets refers to those handsets whose first recharge is for the amount of Rs.169/-. However, the complainant has been making recharges before May, 2018. With these averments, dismissal of complaint prayed for.
3. The parties then led their respective evidence.
5. We have heard complainant and learned counsel for op and have perused the case file carefully.
6. The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has deposed and reiterated the averments made in the complaint. He has also placed on file copies of emails Ex.C2 and Ex.C3 dated 9.6.2018 and 10.6.2018 respectively. On the other hand, op has furnished affidavit of Smt. Neha Nisal, Asstt. Manager (Legal) as Ex.R1 in which has reiterated the averments made in the written statement. The op has also placed on record data of recharges of other persons Ex.R2, copy of terms and conditions of cash back scheme Ex.R3 and copy of power of attorney Ex.R4.
7. The perusal of the evidence of the op reveals that op has placed on record copy of terms and conditions of cash back scheme wherein in clause 7 regarding T&Cs for Recharge of Rs.169/- it is mentioned that An airtel prepaid subscriber will be entitled to the following benefits on a special recharge of Rs.169/- (a) For Partner Handset listed on the webpage: With INR169/- Unlimited Local + STD Mobile Calls (subject to fair usage policy) + 1GB data per day for a period of twenty eight (28) days, (b). For other Handset: With INR 169/- Unlimited Local + STD Mobile calls (subject to fair usage policy) + 1GB data per day for a period of fourteen days (14) days. The opposite party has not led any other evidence from which it could be presumed that at the time of recharge by complainant, copy of any terms and conditions was ever supplied to the complainant by which he was made known of the fact that he is getting recharge of Rs.169/- only for 14 days and there is distinction of recharge of their own handset and handset of other companies. Rather it appears from the pleadings of op that advertisement given by op was misleading one which attracted people/ customers like complainant to get recharge for 28 days with recharge of Rs.169/-, which clearly amounts to unfair trade practice on the part of op.
8. In view of the above, we allow this complaint and direct the opposite party to give all the facilities of recharge for another period of 14 days without any costs to the complainant by extending the validity of recharge from 14 days to 28 days. We further direct the op to pay a sum of Rs.1000/- as composite compensation and litigation expenses to the complainant. The op is liable to comply with this order within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against the op. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Pronounced in open Forum. Member President,
Dated:30.07.2019 District Consumer Disputes
Redressal Forum, Sirsa.
