Andhra Pradesh

Chittoor-II at triputi

CC/26/2017

D.Javeed, S,o L.Prasad - Complainant(s)

Versus

Bharathi Airtel Limited, Rep. by its Authorised Signatory - Opp.Party(s)

In person

07 Dec 2017

ORDER

                                                                                                            Filing Date: 02-06-2017                                                                                                               Order Date: 07-12-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: - Sri. Ramakrishnaiah, President

                                                       Smt. T.Anitha, Member

 

THURSDAY THE SEVENTH DAY OF DECEMBER, TWO THOUSAND AND SEVENTEEN

 

C.C.No.26/2017

Between

 

D.Javeed, S/o. L. Prasad, Muslim,

Aged about 30 years, Movie Artist,

Residing at House No.11, Sri Priya Nilayam,

Gollavani gunta, Tirupati,

Chittoor District,

Adhaar No. 9528 3860 7437 (Mobile No.9885519115).           … Complainant

 

And

 

1. Bharathi Airtel Limited,

Rep. by its Authorized Signatory,

Head Office, No.101, Bharathi Towers,

Santhome High road, Santhome,

Chennai 600 004,  Tamilnadu

(Ph +914442039583,  +  919952434865).

 

2. Airtel Express,

Rep. by its Manager,

K.T.Road, Bhavani nagar, Tirupati,

Andhra Pradesh – 517501.                                              … Opposite parties.

 

         This complaint coming on before us for final hearing on 23.11.2017 and upon perusing the complaint, and other relevant material papers on record and on hearing  Sri.D.Javed, party in person for complainant and opposite parties are remained exparte,  having stood over till this day for consideration, the forum makes the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

 

        This complaint is filed under Sections-12 and 14 of the Consumer Protection Act, 1986, complaining the deficiency in service on part of the opposite parties and prayed this Forum for the following reliefs, to direct the opposite parties to pay damages to a sum of Rs.1,20,000/- for causing mental agony and deficiency in service and also to pay Rs.349/- which was paid by the complainant towards the offer to the opposite parties for  the month of May-June, 2017 and to pay costs of the complaint.

2. The brief facts of the case are:-   the complainant who is a resident of Tirupati and by profession he is a movie artist and has been working at Hyderabad and has been moving from Tirupati to Hyderabad and vice versa and he bought a mobile of Apple 4S-3G supporting handset and has been using the mobile service of Vodafone from 08.02.2005 until the March of 2017. while so, contacted by the office of Airtel Company more particularly “Rs.349/- per month pack for 12 months with unlimited local calls with 1GB data for 28 days for one year”. Hence he shifted to Airtel mobile service from Vodafone mobile service on 05.04.2017 and he paid Rs.344/- with transaction ID 1321500149 and the complainant further submits that the said offer worked well for two months and received the message just before two days of the end of second month i.e. on 28.05.2017 to that effect that “ Your pack benefit of unlimited calls + 1GB day data is expiring in two days – recharge again for continued benefit” and again he received the  same message on 30.05.2017. Accordingly the complainant recharged through online on 31.05.2017 for Rs.349/- under ID No.170531786273.  After receipt of the said amount they failed to activate the internet connection.  Hence after two days, on 01.06.2017 he contacted the Customer care for the activation of internet connection, but they failed to do so. Hence he approached the Airtel office at Bhavani Nagar, Tirupati by complaining the same as his mobile set was not supported the offer. The complainant was asked to hear the same immediately contacted the customer care through Airtel office why the offer  has been changed without any prior intimation, when actually the offer was for 12 months and that too his mobile supported the offer for two months i.e. April and May 2017 and the customer care personnel suggested the complainant to buy a 4G handset in a negligent manner and also stated that, the rules have been changed from 22^nd May, 2017.  Hence the complainant further submits that because of the attitude of the opposite parties he suffered a lot and Also he lost the offers of movies as the opposite parties disconnected the internet connection to his phone. Hence he suffered a lot mentally which is nothing but deficiency in service on part of the opposite parties towards the complainant. Hence as the opposite parties committed deficiency in service without intimating the complainant about the change of offer and also acted much against the offer. Hence he filed the present complaint.

       3. Both opposite parties 1 and 2 remained absent and set exparte.

       4. The complainant filed his evidence affidavit and got marked Exs.A1 to A7. Oral arguments of the complainant was heard.   

      5.  Now the points for consideration are:-

(i).  Whether there is any deficiency in service on part of the opposite parties towards the complainant?

(ii).  Whether the complainant is entitled to the reliefs as prayed for?

(iii). To what relief?

                                6. Point No.(i):-    The main contention of the complainant is, he is having  mobile phone of Apple-G4S and he has been using the mobile service of the Vodafone from 08.02.2005 to March 2017. As he switch over to the mobile service of Airtel from April 2017 by contacting the office of the Airtel company more particularly Rs.349/- per monthly  pack for 12 months with unlimited local calls with 1GB data for 28 days for one year and he recharged the mobile to the above said offer on 05.04.2017 by paying Rs.344/- with customer care ID No.9885519115 and the above said offer was supported well for two months and the complainant further submits that just before two days by the end of the second month i.e., 28.05.2017 he received the message from the opposite parties  “your pack benefit of unlimited calls + 1GB day data is expiring in two days – recharge again for continued benefit” and again he received self same message on 30.05.2017. Hence the complainant recharged the same by paying Rs.349/- to data card and transaction ID 170531786273 for Rs.349/- in the midnight of 30/31.05.2017. But the connection of internet was not done; hence there is no internet connection for his mobile for two days. The complainant further submits that on 01.06.2017 the complainant called the opposite parties through customer care by complaining the same but the opposite parties failed to recharge. Hence directly he approached the Airtel office and complained the same to the opposite parties.  But the opposite parties staff has not responded well to the complainant problem and also failed to resolve the issue and recklessly stated that the instrument of the complainant has not supported the version of 4G internet. But the complainant stated that for the same instrument only he used the internet connection, but the opposite parties have changed the offers without prior intimation to the customers which is nothing but deficiency in service and unfair trade practice on part of opposite parties and also the complainant in order to support his contentions he got marked ExA1, which clearly shows that the complainant has been used his mobile for internet connection of 1GB data and also he received the message of recharge alert on 28.05.2017 and also the complainant recharged his mobile through online payment on 31.05.2017. But after receipt of the same the opposite parties failed to activate the internet connection even after several reminders by the complainant which is nothing but deficiency in service on part of the opposite parties and also under Ex.A2 to A7 clearly shows that the how the opposite parties promoted their business by attracting the customers.  As the opposite parties remained absent and did not challenge the contentions of the complainant. If there is any bonafide on the part of opposite parties, they might have appear before this forum and challenge the contentions of the complainant, but they failed to do so, hence the contentions of the complainant are to be considered.   Hence we are of the  opinion that there is deficiency in service and unfairtrade practice on part of opposite parties towards the complainant.

                                 7. Point No.(ii):-    As per Ex:A1 it clearly shows that the opposite parties received Rs.349/- towards recharge of mobile data on 31.05.2017 but they failed to activate the same. Hence the complainant is entitled of Rs.349/- which was collected by opposite parties with interest @ 9% p.a. from 31.05.2017 till realization and also he is entitled of Rs.2,000/- towards costs of litigation. The complainant further submits that because of inaction of opposite party no.1 he lost the offers of new project in cine field as he is a actor by profession. But he has not placed appropriate evidence to prove the same. Hence it cannot be considered.

                                   8. Point No.(iii):-  In view of our discussion on points 1 and 2, we are of the opinion that there is deficiency in service on part of the opposite party, and the complainant is entitled for the reliefs, and such a complaint is to be allowed.

          In the result, the complaint is allowed in part directing the opposite parties 1 and 2 jointly and severally to pay a sum of Rs.349/- (Rupees three hundred and forty nine only) which was collected from the complainant towards recharge charges on 31.05.2017 along with interest @ 9% p.a. from 31.05.2017 till realization and to pay a sum of Rs.2,000/- (Rupees two thousands only) towards litigation expenses and rest of the claim is rejected. The opposite parties are further directed to comply with the order within six (6) weeks from the date of receipt of copy of this order failing which, the complainant is at liberty to initiate appropriate proceedings against the opposite parties under section 27 of Consumer Protection Act.

          Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 07th day of December, 2017.

                                                           

        Sd/-                                                                                                                                 Sd/-                                                                                                                                                                                             

Lady Member                                                                                                                    President

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant/s.

 

PW-1: D. Javeed  (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartY/S.

 

-NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s

 

Exhibits (Ex.A)	Description of Documents
	Photo copy of Mobile SMS Details.
	Colour photo copy of Airtel Free Data offer for 12 months, worth Rs.9,000/- Add.
	Colour photo copy of Airtel add for unlimited calls+Data for 12 months.
	Colour photo copy of switch to Airtel 4G in Economic Times Add.
	Colour photo copy of Airtel 12 month’s calls and Data offer add hording. Dt: 10.01.2017.
	Colour photo copy of  Airtel in Internet switch to Airtel Add.
	Colour photo copy of Switch to Airtel 4G India’s Fastest Network Add.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

 

                               Sd/-

                                                                                                                President

// TRUE COPY //

                                               // BY ORDER //

 

                                          Head Clerk/Sheristadar, 

                                              Dist. Consumer Forum-II, Tirupati.

 

 

 

 Copies to:  1) The Complainant, 

                   2) The Opposite parties.