Chandigarh

DF-I

CC/283/2019

Amarbir Singh Walia - Complainant(s)

Versus

Airtel DTH Nodal Office - Opp.Party(s)

Gagandeep Singh Anand,Adv

28 Sep 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION -I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/283/2019
Date of Institution	:	26/04/2019
Date of Decision	:	28/09/2020

 

Amarbir Singh Walia, Resident of H.No.1468, Sector 40-B, Chandigarh.

 

…..Complainant

V E R S U S

 

1]      Airtel DTH Nodal Office, Plot No. 21, Rajiv Gandhi Technology Park, Chandigarh – 160101, through its Manager.

 

2]      Managing Director, DTH (Bharti Airtel Limited), Airtel Centre, Plot No.16, Udhyog Vihar, Phase-4, Gurgaon (Haryana)-122001.

 

3]      Adarsh Services, #177, Sector 52, Chandigarh, through its Owner/Proprietor.

 

…… Opposite Parties

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	None for Complainant.
	:	Sh. Sanjiv Pabbi, Counsel for Opposite Parties No.1 & 2.
	:	Opposite Party No.3 ex-parte.

 

Per Dr.S.K.Sardana, Member

 

1.         Adumbrated in brief, the facts necessary for the disposal of the instant Consumer Complaint are, the Opposite Parties offered Airtel HD Set Top Box for Rs.2200/- which includes 2 months’ rent and 10 HD Channels of choice free for lifelong period as Diwali Offer, which offer was accepted by the Complainant and accordingly, he got the connection installed from Opposite Party No.3 on 08.11.2018. However, from 07.01.2019 the said DTH connection stopped working. Numerous complaints were lodged by the Complainant, but the problem could not be resolved. The Complainant also sent e-mails to the Opposite Parties, but the same also did not fructify. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant Consumer Complaint.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         The Opposite Party No.3 did not turn up despite service of notice through publication and hence it was proceeded ex-parte vide order dated 07.01.2020.
4.                 Opposite Parties No.1 & 2 contested the Complaint and filed reply, inter alia, admitting the basic facts of the case. It has been pleaded that there was no offer to provide 10-HD free channels for life long period as Diwali offer and vide letter dated 20.02.2019 (Annexure C-3), the Complainant was requested to provide any proof relating to the offer. It has been submitted that the offer itself is not economically viable in this time of cut-throat competition. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties No.1 & 2 have prayed for dismissal of the complaint.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Opposite Parties No.1 & 2.
7.         It is the case of the Complainant that during Diwali, the Opposite Parties offered him to purchase Airtel HD Set Top Box for Rs.2200/- which included two months’ rent and 10 HD Channels of the choice of Complainant free for lifelong period. The factum of purchasing the DTH connection and installation thereof by Opposite Party No.3 on 08.11.2018 stands proved from the cash receipt Annexure C-2. The Complainant claims that the connection in question stopped from 07.01.2019 and even after constant follow-ups with the Opposite Parties, neither the same could be restored nor the offer was made available to him. In support of his contentions, he has placed on record e-mails Annexure C-3 (colly).  
8.         Per contra, the Opposite Parties No.1 & 2 have submitted that there is no deficiency in service on their part as there was no such offer to provide 10 HD free channels for life long period as Diwali offer. 
9.         We have minutely perused the entire record. A perusal of Annexure C-3, which is a letter dated 20.02.2019 written by the Opposite Parties No.1 & 2, we find that the Opposite Parties No.1 & 2 requested the Complainant to provide them any proof relating to the offer given regarding the life time offer of 10-HD channels of the choice of the Complainant. However, whether the Complainant provided such proof to the Opposite Parties No.1 & 2, to assist them to redress his grievance, is not forthcoming on the record. Nor the Complainant has placed on record the same before this Commission. In the absence of which, the allegations of the Complainant are hollow and deserve no merit.
10.         Significantly, Opposite Party No.3 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. It is pertinent to mention here, even in ex-parte cases, a convincing evidence has to be brought in with regard to the offer made by the Opposite Party No.3 on behalf of Opposite Parties, as alleged by the Complainant. Even the ex-parte evidence led does not carry a guarantee of its truthfulness and the Complainant has to convince the judicial conscience of this Commission of his claim being genuine one.
11.         All this leads to an irresistible conclusion that there was no such offer to provide 10-HD free channels for life long period as Diwali offer. The namby pamby pleas set up by the Complainant are vague, evasive and lead this Commission nowhere. Hence, in our opinion, no case is made out against Opposite Parties and the present Complaint qua Opposite Parties deserves to be dismissed. 
12.         For the reasons recorded above, we do not find even a shred of evidence to prove any deficiency in service or unfair trade practice on the part of Opposite Parties. Consequently, the Consumer Complaint fails and the same is dismissed, leaving the parties to bear their own costs.
13.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced

28^th Sept., 2020

                         Sd/- 

(RATTAN SINGH THAKUR)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER

 

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 

 “Dutt”