Haryana

Karnal

CC/83/2023

Lalita Rani - Complainant(s)

Versus

Airtel Mobile Regional Office, Bharti Airtel Limited - Opp.Party(s)

J.P.Singh

24 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 83 of 2023

                                                        Date of instt.31.01.2023

                                                        Date of Decision:24.07.2024

 

1. Lalita Rani aged about 57 years (Director of Biologia Research India Pvt. Ltd.), wife of Shri Madan Lal resident of house no.542, sector-13, Extension Urban Estate, Karnal. Aadhaar no.4224 2662 4938.
2. Dr. Shabnam aged about 34 years (Director of Biologia Research India Pvt. Ltd.) wife of Dr. Nishant Pasricha, both resident of house no.542, sector-13 extension Urban Estate, Karnal. Aadhaar no.5201 2582 8830, mobile no.87940 00000.

 

                                                                        …….Complainants.                                            Versus

 

1. Airtel Mobile Regional Office, Bharti Airtel Limited, plot no.41-42, Industrial park, sector-2, Growth Centre, Saha, District Ambala (Haryana).
2. Registered office, Airtel Canter, plot no.16, Udyog Vihar, phase-IV, Gurugram-122015.
3. Corporate office, Bharti Crescent-1, Nelson Mandela Road, Vasant Kunj, Phase-II, New Delhi 110070 through its Chairman Bharti Mittal.

                                                                 …..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.      

      Sh. Vineet Kaushik…….Member

      Ms. Sarvjeet Kaur…..Member

 

 Argued by: Shri J.P. Singh, counsel for the complainants.

                    Shri Rahul Bali, counsel for the OPs.

               

                     (Sarvjeet Kaur, Member)

ORDER:  

 

                The complainants have filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant no.2 has been presently using a postpaid mobile connection having no.87940-00000 of Airtel Company and paying bills regularly. The said mobile number is in the name of complainant no.1, who is also Director in the said company and sim was issued by the OPs in the name of complainant no.1. Complainant no.2 (being authorized by complainant no.1) has been using the said mobile number for the business purpose since 2 years. Complainant no.2 received unknown calls from different mobile numbers frequently. Complainants made repeated requests to all the OPs for blocking the unwanted calls on her mobile number and also taking necessary action towards the genuine complaints of the complainant but no fruitful served. When complainants enquired  the same on their own level, they came to know that there was a call forwarding system/facility has been activated on the abovesaid mobile number by OPs and by using the said service different persons or vagabond type of persons are teasing and harassing the complainants. Even the complainants received unwanted calls at night in odd hours which disturbs the tranquility of mind of complainants with ulterior motive. The complainants requested telephonically as well as on whatsapp messages to all the OPs at customer care to stop and de-active the unwanted call forwarding services or initiate immediate and strict action for blocking and de-activate all unwanted received call numbers which was provided by the OPs without the request of the complainants but OPs did not pay any heed to the request of complainants. It is further alleged that instead of deactivating the abovesaid service the complainants were informed that it was a handset based feature problem in other words that does not belong to the service of OPs company. The complainants never applied for the call forwarding services even though the OPs itself activated the said service and even the request of the complainants have been ignored that amounts to breach of privacy in the life and business of the complainants. Due to the said unwanted calls system which was activated by the OPs, they may fall or indulged in some criminal case/conspiracy by some vagabond type of person due to negligence and deficiency in service on the part of the OPs. It is pertinent to mention here that the complainants have also got facilitated/got activated DND facility of their abovesaid number inspite of that the complainants are being compelled to attend the unnecessary calls. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed its written version raising preliminary objections with regard to maintainability; jurisdiction; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that the mobile no.8794000000 has been registered in the name of a company M/s Biologia Research India Private Limited and is being used for commercial/business purposes by the complainants, therefore, the dispute pertaining to the said number is not a consumer dispute, as the complaint is not a consumer as defined in Consumer Protection Act, 2019. The number is registered in the name of firm, therefore, complainants cannot file complaint in individual capacity. The complainants alleged that the call forwarding service has been activated by the OPs, whereas that call forwarding is not any service activated by the service provider but is done by its subscriber. It is further submitted that some person has forwarded his calls to the disputed number 87940-00000 which the complainant is getting in her mobile phone. Further, the call forwarding feature is not operator based feature and any mobile phone subscriber can use this feature, the OPs cannot deactivate or block unwanted received call numbers as call forwarding feature. Any subscriber can call forward his calls and it can be done by inter-operator subscriber also. It is further pleaded that call forwarding feature is not operator based feature and any mobile phone subscriber can use this feature, the OP cannot deactivate or block unwanted received call numbers as call forwarding feature. When call forwarding is not any service provided by the OPs but is a handset feature, there is no question of activating or deactivating the same.  Do Not Disturb (DND) service has been activated by the complainant only on 24.02.2023 after filing of the consumer complaint. There is no deficiency in service and unfair trade practice on the part of the OPs. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainants has tendered into evidence affidavit of complainant no.2 Shri Shabnam K. Passricha Ex.CW1/A, copy of complaint to OP (via Twitter) Ex.C1, copy of service offered by OP uploaded on its website Ex.C2 and closed the evidence on 16.10.2023 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Pushkal Chauhan, authorized signatory Ex.OP1/A, copy of customer relationship form Ex.OP1, copy of authority letter Ex.OP2, copy of certificate of Incorporation Ex.OP3, copy of Memorandum of Association Ex.OP4, copy of letter dated 30.03.2022 Ex.OP5, copy of DND service history Ex.OP6 and closed the evidence on 09.04.2024 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that complainants had purchased a postpaid VIP mobile no.87940-00000 of Airtel Company by paying Rs.3,50,000/-. The said mobile number is being used by the complainant no.2 and he frequently received unknown forwarding calls. Complainants requested many times to OPs to deactivate the forwarding calls system but OPs did not pay any heed to the request of complainants. He further argued that reason behind not to deactivate the said forwarding calls system by the OPs only to compel the complainants to surrender the said VIP mobile number and OPs intend to sale the said number again in the open market and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that the mobile no.8794000000 has been registered in the name of a company M/s Biologia Research India Private Limited. The complainants alleged that the call forwarding service has been activated by the OPs, whereas that call forwarding is not any service activated by the service provider but is done by its subscriber. The call forwarding feature is not operator based feature and any mobile phone subscriber can use this feature, the OPs cannot deactivate or block unwanted received call numbers as call forwarding feature. When call forwarding is not any service provided by the OPs but is a handset feature, there is no question of activating or deactivating the same.  Do Not Disturb (DND) service has been activated by the complainant only on 24.02.2023 after filing of the consumer complaint. He further argued that the mobile no.8794000000 has been registered in the name of a company M/s Biologia Research India Private Limited and is being used for commercial purposes, therefore, the complainants do not fall under the definition of consumer and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, complainants are using the mobile no.87940-00000 of the OPs company. It is also admitted that the said mobile number has been registered in the name of a company M/s Biologia Research India Private Limited. It is also admitted that the said VIP number was returned by the complainants.

11.           OPs have alleged that mobile no.8794000000 has been registered in the name of a company M/s Biologia Research India Private Limited and is being used for commercial purposes, therefore, the complainants do not fall under the definition of consumer. The complainants not used the said number only for commercial purpose rather they are also used the said number for personal use. Complainants are a Director of Biologia Research India Pvt. Ltd., hence they are competent to file the present complaint and this Commission has got jurisdiction to try and entertain the present complaint. Thus, the plea taken by the OPs has no force.

12.           Complainants have alleged that a call forwarding facility has been activated on their VIP mobile no.8794000000 by the OPs. Complainants made several requests to the OPs for deactivating the forwarding calls on the said mobile number but OPs did not do so. Complainants have relied upon the copy of complaint to OP Ex.C1 and copy of service offered by OP uploaded on its website Ex.C2. It is evident from the copy of complaint to OP Ex.C1, OPs itself activate the Do Not Disturb (DND) service on the abovesaid mobile number of complainant on dated 08.04.2022, not after filing the present complaint as alleged by the OPs.

13.           On the other hand, OPs have alleged that the call forwarding is not any service provided by the OPs but is a handset feature. The onus to prove its version was relied upon the OPs but they have miserably failed to prove the same by leading any cogent and convincing evidence. If it was a handset feature then the complainants themselves would have deactivated the same from the mobile. Further, if it was possible for the complainants to deactivate the call forwarding feature then why they dragged themselves into unwanted litigation. The mobile number is a VIP number and possibility to compel the complainant to surrender the same as alleged by the complainant cannot be ruled out.  Hence, the act of the OPs for not deactivated the unwanted forwarding calls amounts to deficiency in service and unfair trade practice.

14.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to de-activate the call forwarding facility. We further direct the OPs to pay Rs. 25,000/- to the complainants on account of mental agony and harassment suffered by them and for the litigation expense. This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:24.07.2024                                                                    

                                                                President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

 

(Vineet Kaushik)                (Sarvjeet Kaur)    

                 Member                           Member