Dated:01.03.2023

ORDER

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER

1. This is an appeal field by OPs in CC/332/2017 on the file of District Consumer Disputes Redressal Forum, Dakshina Kannada aggrieved by the order dated 24.03.2018.

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard.

3. The complainant having been consumer of OP raised consumer complaint alleging deficiency in service claiming certain reliefs, came to be admitted by the Forum below and the OP despite service of notice of the said complaint, failed to participate in the complaint proceedings.  In such circumstances, Forum below held an enquiry, directed OP to set right the problems faced by the complainant in the SIM Card within 30 days from the date of receipt of the order copy and on its failure to pay compensation of Rs.100/- per day till the date of set right the problems faced by the complainant.  It is to be noted herein that the complainant placed affidavit evidence and to substantiate such evidence placed Ex.C1 to Ex.C7 of which the printout copy of the Speed Test Online, SIM Card Panels and SIM Swap Cover, emails exchanged between complainant and OP in respect of 3G history, the emails exchange between complainant and OP in respect of network issues are sufficient to attribute the alleged deficiency in service on the part of the OP.  In otherwords, the Forum below has rightly appreciated considering Airtel 3G services in respect of Mobile No.9686919825.  However awarding of Rs.35,000/- compensation to the complainant and Rs.10,000/- as litigation cost has to be held on higher side, which in our view considering the nature of the complaint alleged by the complainant, since counsel for appellant has submitted “Airtel 4G is available in selected cities.  In Airtel Non 4G areas this SIM is compatible with 2G and 3G”. It is therefore, impugned order needs some modification. Accordingly, Commission proceed to allow the appeal in part and directed OP/appellant to set right problems faced by complainant in the SIM Card bearing no.9686919825 within 30 days and do pay Rs.5,000/- as compensation and Rs.3,000/- towards litigation cost within 30 days.

4. The Amount in deposit is directed to be transferred to Forum below for needful.

5. Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                             Judicial Member     

*GGH*