DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.

 

Complaint Case No : CC/151/2019

Date of Institution : 25.09.2019

Date of Decision : 26.11.2019

Jiwan Kumar son of Piara Lal resident of H. No. B-III/284, Street No. 5, Tapa Mandi, District Barnala. …Complainant

Versus

1. Airtel Office, Near Gauri Shanker Mandir, Tapa District Barnala through its Sole Prop./Partner/Authorized Signatory.

2. Bharti Airtel, Head Office, G-454, IC Tower, Opposite Verka Milk Plant, Ferozepur road, Ludhiana-140001.

…Opposite Parties

Complaint Under Section 12 of the Consumer Protection Act, 1986

Present: Sh. Sohan Lal Goyal counsel for complainant.

Opposite parties exparte.

Quorum.-

1. Sh. Kuljit Singh : President

2. Sh. Tejinder Singh Bhangu : Member

(ORDER BY KULJIT SINGH, PRESIDENT):

    The complainant namely Jiwan Kumar has filed the present complaint under the Consumer Protection Act 1986 as amended up to date (in short the Act) against Airtel Office, Tapa and another. (hereinafter referred as  opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that the complainant is subscriber of Mobile No. 92179-11111 of Tata Docomo Company since the year 2005 which has been mentioned in the bank account of the complainant and other Government and Semi Government departments besides known to all relatives, friends and customers.   

3. It is further alleged that on 30.7.2019 complainant received SMS in his mobile set that Tata Docomo has been taken over by Airtel so the same number continue to be operative under the command of Airtel but on 31.7.2019 said number went off and mobile set became useless. Then he visited the service centre of opposite party at Tapa who sent an email to the authorities of Airtel. On 6.8.2019 complainant received a call on his other number 94171-82748 and opposite party told that his mobile number 92179-11111 was in currency and working normally. But sim of the complainant was not working since 31.7.2019 and he has a doubt that the opposite party allotted this number to somebody else. The complainant also moved an application before the SSP, Barnala on 14.8.2019 but no action was taken by the policy. The act of the opposite parties is deficiency in service and unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to restore the number 92179-11111 of the complainant.    

2) To pay Rs. 1,00,000/- as compensation for mental agony and harassment. 

3) To pay Rs. 10,000/- as litigation expenses. 

4) Any other relief this Forum deems fit and proper.  

4. The opposite parties not appeared before this Forum despite service, so the opposite parties were proceeded against exparte vide order dated 4.11.2019.  

5. In support of his complaint, the complainant tendered into evidence his own affidavit Ex.C-1, copy of application dated 14.8.2019  Ex.C-2, copy of Aadhaar Card Ex.C-3, copy of Account Ex.C-4 and closed the evidence. 

6. We have heard the learned counsel for the complainant and have gone through the record on the file. Written arguments filed by the complainant also have been perused. 

7. The main grievance of the complainant in the present complaint is that the opposite parties closed his mobile number 92179-11111 without any reason which is very important contact of him for Government departments, relatives and customers. To prove that he gave this number to the Government departments the complainant relied on copy of Standard compliant cheque book and report on SMS entries Ex.C-4 which is in the name of firm of the complainant and on these documents the mobile number in question 92179-11111 is mentioned as the contact number of the firm and also for the purpose of sending SMSs. But the opposite parties closed this mobile number of the complainant without any notice. Further, to prove his allegations the complainant relied upon his duly sworn affidavit Ex.C-1 and copy of application given to SSP, Barnala Ex.C-2. In this way, the complainant proved his case by way of tendering all these important documents in his evidence.

8. On the other hand, the opposite parties have not dared to appear  before this Forum to rebut these allegations of the complainant and intentionally preferred to remain exparte, which proved that they have nothing to say against the allegations of the complainant and indirectly admitted the claim of the complainant whereas the complainant proved his case beyond any doubt by way of tendering cogent, convincing and reliable evidence on the file. So, in view of the submissions made in the affidavit Ex.C-1 and evidence tendered by the complainant it is proved on the file that the opposite parties are deficient in providing services to the complainant and act of the opposite parties is clear cut unfair trade practice on their part. 

9. As a result of the above discussion present complaint is allowed and opposite parties are directed to restore the mobile number 92179-11111 of the complainant and to pay Rs. 3,000/- to the complainant as consolidated amount of compensation for mental tension, harassment and litigation expenses. Compliance of the order be made within the period of 30 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

ANNOUNCED IN THE OPEN FORUM:

  26th Day of November 2019

 

 

            (Kuljit Singh)

            President

 

            (Tejinder Singh Bhangu)

Member