Order no. 10 dated 01/01/2009
Sri Anoop Himatsingka, complainant filed a petition on 5.10.07 u/s 12 of C.P. Act, 1986 against (1) Airtel Customer Care, 31-Chowringhee Road, Kolkata-16 and (2) Bharti Televentures Ltd., Infinity Building, 5th Floor, Block-GP, Sector-V, Salt Lake, Kolkata-91 in the District Consumer Disputes Redressal Forum, Kolkata, Unit-1 alleging forced deduction of Rs.15/- (Rupees fifteen) only per month on and from 28.6.07 to 28.12.07 from the prepaid balance of the complainant towards the monthly renewal of subscription fee of MCI (Missed Call Information) against his prepaid Airtel connection bearing no.9831247397 in spite of his refusal both verbally and in writing, to avoid the MCI service.
The complainant in his petition also stated that after a lot of arguments made with the o.ps, he got the refund of Rs.15/- (Rupees fifteen) only twice one for the deduction made on 28.7.07 and another on 28.8.07. But again on and from 28.9.07, the o.ps. have been found to deduct monthly renewal of subscription fees of MCI without the content of the complaisant. Finding no other way against such forcible deduction of monthly renewal fees for MCI by the o.ps. from his prepaid balance, the complainant approached the District Forum, Kolkata, Unit-1 on 5.10.07 for redress and justice. Later on 19.12.08 the complainant placed two annexuires with a petition praying for treating the annexures as exhibit, which was allowed.
On perusal of records and documents on record including the petition of the complainant, it is evident that on 5.10.07 the complainant was heard by us. Though notices upon o.ps. were duly served as appeared from the postal a/d card shown to the forum by the complainant vide order no.4 dt.10.1.08, none appeared on behalf of the o.ps. nor any w/v was filed by them since the filing of this case. accordingly, ex parte hearing was ordered vide order no.5 dt.26.2.08. It is surprising to note that the o.ps. have not cared to appear before this forum even for a single day. The fact of there non appearance all along shows ipso facto that they have nothing to submit before this forum repudiating the allegation of the complainant of forcible deduction of monthly subscription of MCI without the consent of the complainant vide annexure 1,2,4 & 5 of the complaint and the very fact of refun of Rs.30/- (Rupees thirty) only towards the monthly subscription of MCI for 28.7.07 and 28.8.07 proves the veracity of the allegations of complainant.
Thus, after hearing the complainant and documents on record and observing the non-appearance of the o.ps. in spite of receiving the notices of this forum, it is reasonably believed that the allegations brought against the o.ps. are justified and true. This apart, the complainant by oral submission as well as by producing documentary evidences has been successfully able to substantiate his contentions without any shadow of doubt.
Hence, ordered,
That the o.p. nos.1 & 2 are directed to make refund of money amounting to Rs.75/- (Rupees seventy five) only to the complainant being the amount of monthly subscription fee @ Rs.15/0 (Rupees fifteen) only per month forcibly deducted from the complainant’s pre-paid balance for Airtel mobile connection without his consent, over and above, the complainant is awarded a compensation amounting to Rs.500/- (Rupees five hundred) only for mental harassment and agony for not getting back his legitimate money and Rs.300/- (Rupees three hundred) only as litigation cost. All the abovementioned payment must have to be made by o.ps within 30 days from the date of issue of this order and in default, o.ps. shall have to pay interest @ 10% p.a. on the aforesaid amounts totaling Rs.875/- (Rupees eight hundred seventy five) only till the recovery of the awarded amount in full.
Case is finally disposed of from this forum.
Let copy of this order be supplied to the parties free of cost.
