Punjab

Ludhiana

CC/20/62

Deepak Aggarwal - Complainant(s)

Versus

Airtel DTH - Opp.Party(s)

Swaranjeet Singh Adv.

20 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 62 dated 13.02.2020               

                                 Date of decision: 20.03.2023  

 

Deepak Aggarwal s/o Sh.Kewal Krishan Aggarwal r/o H.No.314, Central Town, Pakhowal Road, Ludhiana.                      -                                                                                                                            ..…Complainant

                                                Versus

Airtel DTH, having its Registered Head Office at: Bharti Telemedia Ltd, Plot Number 16, Udyog Vihar, Phase IV, Airtel Centre, Gurugram, Haryana, 122015, through its Managing Director/Authorized Signatory.                                                                                                                  …..Opposite Party

Complaint under section 12 of the Consumer Protection Act

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS.MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.Swarnjeet Singh, Advocate

For OP                           :         Sh.Govind Puri, Advocate

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           The complainant has invoked the jurisdiction of this Commission by raising a consumer dispute against the OPs with regard to mal-functioning of an Airtel Dist TV connection having ID 3032664146 installed at his house. Complainant has claimed that despite compatibility of TV installed in his house, the OP is erring poor quality picture through its Set Top Box. So, by filing the present complaint, complainant has prayed that OP be directed to refund Rs.1660/- along with litigation expenses as well as compensation amount of Rs.80,000/- to the complainant.

2.                Notice of the complaint was issued to the opposite party who filed the written statement. The opposite parties took the preliminary objections that this Hon’ble Commission has no jurisdiction to entertain and adjudicate upon the dispute involved in the present complaint and further, the complainant has not approached this Commission with clean hands and suppressed the material facts from this Hon’ble Commission. It has been submitted that the DTH connection of the complainant was activated on 27.12.2019 in the name of Deepak Aggarwal, H.No.314, Central Town, Pakhowal Road, Ludhiana. At the time of activation of the connection, the complainant had paid a sum of Rs.1590/- on account of the cost of the dish, setup box etc. The complainant had been thereafter, using the connection and getting the connection recharge from time to time. The complainant had taken the package namely Dabang Sport 1M pack along with recording Top-UP added. The complainant raised the grievance that the setup box was not functioning properly and the same was checked and it was found that there was no problem in the same. The recharge history clearly shows that the complainant had been enjoying the package for the last more than one year. After filing of the present complaint, the authorized representative of the company duly called upon the complainant for redressal of his grievance but it has been stated by the complainant that they want compensation and do not want any resolution of his grievance. It is submitted that the complainant is a habitual in taking waivers from the company on one pretext or the other and as a goodwill gesture, the OP company has credited a sum of Rs.334/- back to the customer account as adjustments. In January 2021, the complainant has again raised the issue of recording having got deleted, the OP had duly provided the said recording to the customer except two episodes against which the customer was paid Rs.1500/- by the channel partner of the OP. Since the complainant had been duly availed the services for the last more than one year, which clearly shows that the complainant had been using the DTH connection to his own satisfaction and now wants to extort compensation from the OP on the plea that the DTH connection is not giving clear picture as his TV was an old TV and not compatible with the HD set top box. There is no deficiency in service on the part of the OP. On merits, all the allegations levelled by the complainant have been denied being wrong and in the end, the opposite parties prayed for dismissal of the complaint.

3.                In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record copies of emails Ex.E1 and Ex.E2 and and closed the evidence.

4.                On the other hand, counsel for the OP tendered in evidence affidavit Ex.RA of Sh.Shivam Bhardwaj, Authorized Representative of OP and closed the evidence.

5.                During the course of arguments, settlement has been effected between the parties. Pursuant to which, counsel for the OP has given the offer regarding payment of Rs.6000/- in lump sum by the OP to the complainant within one month from the date of receipt of copy of the order. The said offer has been duly accepted by the counsel for the complainant and both the parties prayed for disposal of the complaint in view of the statements of the parties.

6.                           In view of above settlement and recorded statements of the parties today itself, the present complaint stands disposed of with the direction to the OP to pay Rs.6000/- in lumpsum to the complainant within one month from the date of receipt of copy of the order. Further, the parties remain bound by their recorded statements. Copies of order be supplied to parties free of costs as per rules.       File be indexed and consigned to record room.

(Monika Bhagat)           (Jaswinder Singh)            (Sanjeev Batra)                        Member                     Member                         President

Announced in Open Commission                                           Dated:20.03.2023                                                                                    Gurpreet Sharma.