DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 424/2016
D.No.______________________ Dated:________________
IN THE MATTER OF:
C.K. DATTA S/o LATE SH. C.R. DATTA,
R/o A-10/12, SECTOR-18,
ROHINI, DELHI-110085.… COMPLAINANT
Versus
AIRTEL MOBILE SERVICE,
G-57, AGGARWAL CENTRE PLAZA,
DC CHOWK, SECTOR-9,
ROHINI, DELHI-110085. … OPPOSITE PARTY
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 30.03.2016 Date of decision:16.10.2017
SH. M.K. GUPTA, PRESIDENT
ORDER
1. Complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the
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complainant went on holiday tour to Hong-Kong on 26.01.2016 and before proceeding to the tour the complainant requested Airtel customer care to activate International Roaming only for SMS services in Hong-Kong which they agreed and told the complainant to pay Rs.149/- which the complainant agreed and OP also told the complainant that such services are valid for ten (10) days only and the complainant must inform them. The complainant further alleged that it was specifically told them that the complainant don’t need any Internet or telephone services from them and the customer care also told the complainant that such conversation are recorded. But on arrival at Hong-Kong, the complainant received one SMS from Airtel slapping an amount of Rs.4,500/- falsely for data usage. On 27.01.2016, the complainant sent one mail complaining about falsely imposed charges and the hotel in Hong-Kong provided free internet and after that the OP stopped this practice for which the complainant was totally upset, shocked and could not enjoy the costly holidays and OP was not considering the request of the complainant for changing the bill amount. The complainant further alleged that the complainant sent e-mail with attachment to the appellate authority on 09.03.2016 and refused to make any consideration and after that on 17.03.2016 the complainant sent another e-mail with attachment raising certain point like disclosing recording of the conversation made around 24th
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& 25th January-2016, giving details of the internet usage etc. in clear terms but OP deliberately avoided the same and instead issued warnings for payments. The complainant further alleged that the complainant paid Rs.1,200/- considering March-2016 bill & February revised bill. The complainant accordingly that there is deficiency in service on the part of OP.
2. On these allegations the complainant has filed the complaint praying for suitable direction to the OP.
3. OP has been contesting the case and filed written statement/reply and submitted that the complaint is not maintainable and is liable to be dismissed. OP further submitted that the complainant has voluntarily activated the services of the international roaming and has used international roaming services and the complainant needs to make payment and further the complainant had failed to switch off the data services of the phone when the complainant was travelling abroad. As a result of the same, any usage of the data services or browsing would lead to incurring of charges and the complainant had utilized internet services. OP further submitted that the bill was correct and the bill carries all details like date, time, operator (networks), duration volume and amount for the usage which was carried out by the complainant on international roaming and there is neither any deficiency in service nor unfair trade practice.
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4. The complainant did not file rejoinder to the written statement of the OP.
5. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copies of letters dated 09.03.2016 & 17.03.2016 sent by the complainant to the OP through e-mail, copy of bill issued by OP alongwith details and copy of bank account passbook.
6. On the other hand on behalf of OP Sh. Amit Bhatia, Senior Manager-Legal of OP filed his affidavit in evidence which is on the basis of the written statement/reply of OP. OP has also filed written submissions.
7. This forum has considered the case of the parties in the light of evidence of both the parties and documents placed on record by the complainant and OP. The complainant has failed to prove the fact that he has applied for activation of international roaming facility for SMS services only. No document nor any cogent evidence has been proved by the complainant in this regard. The complainant has no-where pleaded that he has switched off the date usage of the mobile phone when he was on international tour. Furthermore in his affidavit also the complainant has not stated that he has switched off the data usage while on international roaming. Admittedly the complainant had got activated international roaming facility of the phone from the OP for SMS services. Thus, the
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complainant was required to switch off the data usage of the phone.Thus, we are of opinion that there is no merits in the complaint and it cannot be said that there is anydeficiency in service or unfair trade practice on the part of OP. Complaint is accordingly dismissed being devoid of merits.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 16thOctober, 2017.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
