Delhi

East Delhi

CC/867/2014

MANISH - Complainant(s)

Versus

AIRTEL - Opp.Party(s)

08 Dec 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 867/14

 

Shri Manish Jain

S/o Shri Mukesh Kumar Jain

R/o 9/1852, Gali No. 2

Kailash Nagar, Delhi – 110 031                                                  ….Complainant

Vs.

 

1. Airtel Store (Krishna Nagar)

K-62, Main Road, Chachi Building

Krishna Nagar, Delhi – 110 051

 

2. Airtel (Registered Office) Bharti Crescent

1, Nelson Mandela Road

Vasant Kunj, Phase – II

New Delhi – 110 070                                                                     ….Opponents

 

Date of Institution: 24.09.2014

Judgment Reserved on: 08.12.2016

Judgment Passed on: 21.12.2016

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

 

JUDGEMENT

This complaint has been filed by Shri Manish Jain against Airtel Store, Krishna Nagar (OP-1) and Airtel Registered Office (OP-2).

2.        Facts in brief are that the complainant had taken new connection no. 9910081008 on 18.07.2014 from OP-1 by paying Rs. 250/- as security.  The said connection was activated on the same day i.e. 18.07.2014, bill no. 521523986 was generated on 09.08.2014 for a billing cycle from 18.07.2014 to 07.08.2014 for Rs. 66.94/- which was paid by the complainant on 20.08.2014.  On 28.08.2014, the said connection stopped working for which complaintt was registered with OP.  Again on 29.08.2014, the complainant visited the OPs store and was assured that the said connection shall be activated within 3 hours.  The complainant sent emails for the non-working, dated 11.09.2014, 12.9.2014 and 15.09.2014 for which complaint no. P0091100027, P0091200178 and P0091500083 respectively were issued.   

            On 03.09.2014, bill for a monthly cycle from 08.08.2014 to 01.09.2014 was issued vide bill no. 548540426.  The said bill was duly paid on 06.09.2014 vide receipt no. 14-32109713.  The complainant has prayed for reconnection of the no. and Rs. 50,000/- as cost.

            Complainant has annexed bill dated 09.08.2014 with charges in detail, payment receipt, bill dated 03.09.2014, payment receipt dated 06.09.2014, emails dated 11.09.2014, 12.09.2014 and 15.09.2014 with the receipt.

3.        OPs were served with the notice of this present complaint.  Written version was filed by OP, wherein it was stated that connection no. 9910081008 was inadvertently issued to the complainant, whereas it was being used by another customer namely Mr. Rajesh Bhagat.  It was submitted that as the number was in process of being converted from postpaid to prepaid, it was inadvertently allotted to the complaianant.  It was on the complaint of the original user, Mr. Rajesh Bhagat, the matter was investigated and it was after that the error was rectified and the complainant was offered alternate no., which was refused by the complainant.

4.        Evidence by way of affidavit was filed by both the parties.  The complainant examined himself and deposed on oath the contents of the complaint.  He relied on Ex.CW1/1-bill dated 20.08.2014, Ex.CW1/2 – receipt dated 06.09.2014.

            OP-2 examined Shri Amit Bhatia, Senior Manager-Legal, who placed reliance on following documents and exhibited power of attorney as Ex.OPW1/1, and reaffirmed the contents of WS. 

5.        It is an admitted fact that the said no. 9810081008 was issued to the complainant and the said connection was active in his name for which two bills Ex.CW1/1 and Ex.CW1/2 were also issued to the complainant.  OP has stated that the said connection was inadvertently issued to the complainant.

6.        As the connection was issued to the complainant, even though inadvertently and disconnecting it without notice to the complainant, is totally an arbitrary and illegal act of OP. 

However, the directions for re-connection, as prayed by the complainant cannot be issued, as the said number was already in the name of Mr. Rajesh Bhagat and giving directions for reconnecting number in the name of the complainant would lead to giving ground to another litigation.  As, the act of the OP is arbitrary and the complainant has suffered due to the act/omission, he is entitled to compensation of       Rs. 22,000/-. 

Therefore, we order that the complainant be given the amount of Rs. 22,000/- as compensation within a period of 30 days from the date of receipt of the order.  If the order is not complied within the stipulated period, the awarded amount of Rs. 22,000/- will carry interest @ 6% p.a. from the date of filing till its realisation.             

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President