Delhi

North East

CC/10/2017

MOHD. IRSHAD AHMAD - Complainant(s)

Versus

AIRTEL - Opp.Party(s)

25 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 10/2017

 

In the matter of:

 

		Mohd Irshad Ahmad H.No. 487-A, Gali No. 5/2, Jyoti Nagar, Kardam Puri Extn., Dayalpur, Delhi 110094		Complainant
		Versus
		Airtel A-6/2, North Chajjupur, 100 Feet Road Near Rajiv Bajaj, Shahdara, Delhi 110032		Opposite Parties
			DATE OF INSTITUTION:		16.01.2017
			RESERVED FOR ORDER:		24.07.2018
			DATE OF DECISION:		25.07.2018

N.K. Sharma, President

Ms. Sonica Mehrotra, Member

Ravindra Shankar Nagar, Member

Order passed by Ms. Sonica Mehrotra, Member:-

ORDER

1. The complainant had submitted that he had an IDEA SIM and after words he had taken an Airtel SIM from OP on 23.07.2018 for his mobile no. 9873682562. It has been submitted further that he had duly paid the bill dated 23.08.2016 of Rs. 504/-, bill dated 23.09.2016 of Rs. 448/- & bill dated 23.10.16 of Rs. 339/-to OP. However, the mobile SIM stopped functioning for which the complainant reported several complaints with the OP on 20.07.2016 bearing no. 70427287, dated 24.07.2016 bearing no. 70446481, dated 11.08.2016 bearing no. 708086459, dated 30.08.2016 bearing no. 71126569, dated 8.9.16 bearing no. 71305127 & dated 29.9.16 bearing no. 71721700. But his SIM was not activated by the OP and as such the complainant got disconnected from his relatives as well as other persons and due to that, he is entitled for compensation for the mental, economic and physical exploitation. It has also been submitted by the complainant that he had paid Rs. 239.18P to OP for purchasing the SIM and therefore he falls in the category of “consumer”. Therefore, vide the present complaint, the complainant has prayed that the OP should be directed by this Forum to activate the above SIM with immediate effect of the complainant and also pay an amount of Rs. 50,000/- as compensation for the mental, economic and physical exploitation caused by the OP and Rs. 10,000/- payable by OP to complainant as litigation charges. The complainant has attached a copy of bills dated 24.08.2016, 24.09.2016, 24.10.2016 and 24.11.2016 in support of his contentions.
2. Notice was issued to OP on 19.01.2017 for appearance before the Forum on 15.02.2017 and the same was returned by postal authorities with remark “no such firm”. The complainant filed affidavit alongwith photographs and a CD in support of contentions that the OP is very much operational on the same address and intentionally avoiding service of notice from this Forum. Hence, service to OP was presumed “service” under section 28 A of CPA and as such the OP was proceeded against ex parte vide order dated 15.03.2017.
3. Complainant has filed Ex parte affidavit of evidence and written arguments wherein reiterating his grievance of the OP in his complaint.
4. We have heard oral arguments of the complainant and have also gone through the documentary evidence submitted by complainant in support of his contentions. We observe that the complainant had submitted contradictory statements in his complaint as he has stated on one hand that he had taken the Airtel SIM on 23.07.2016 for which he was regularly making payments till October 2016 and on the other hand he has stated that the above said SIM stopped working but did not specify the period for which he had lodged complaints in July, August and September 2016. Further there is a discrepancy in pleadings with regards to payments due as shown / reflected in the bills of OP filed by the complainant and the amount of payments made as mentioned by the complainant in the complaint. Accordingly we are of the considered view that the present complaint is frivolous and misconceived complaint devoid of merits or any cause of action against the OP. Accordingly the same does not merit any consideration by this Forum and the same is dismissed without any cost.
5. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6. File be consigned to record room.

(Announced on 25.07.2018)     

(N.K. Sharma)      President

(Sonica Mehrotra) Member

(Ravindra Shankar Nagar) Member