SRI. SAJEESH.K.P       : MEMBER

    The  Complainant has  filed this complaint  under Sec.12 of the Consumer Protection Act 1986 seeking direction against the  OPs  to restore the  Airtel mobile phone number which complainant was using for last 9 years.

    The complainant in brief  is that the  complainant  had purchased an airtel sim bearing No.9746414141 from opposite parties.  At the time of purchase the complainant had  deposited an amount of Rs.5000/- for the said sim .  She was using  this  number  for last 9 years.  Moreover, the said number was given as  contest  number  by the complainant before bank and other authorities.  The incident of the complaint starts when complainant’s husband started to use the said airtel sim then only  they were realized that it was blocked by the airtel company(Ops0.  The complainant is alleging  in the complaint that she has not received any message or intimation before or after  blocked of  sim card by Airtel.  Now opposite party is demanding Rs.75,000/-  to activate the sim.  Hence the complaint.

   The commission had sent notice to opposite parties and the notice duly served both Ops to appear before the commission and filed vakkalath and their version also.   Contending all the averments stated in complaint that the said Airtel  mobile number was not in use since 1/10/2017.  According to the TRAI guidelines and company policy that any prepaid number which was not in use  for 90 days will be disconnected with prior notice by SMS to the customer.  The Ops said that they have sent repeated reminders to  complainant regarding the disconnection.  Moreover  a grace period of 15 days was also give complainant, hence the number is added to NMS(number management system).  According to TRAI guidelines of company policy if the said number is again required by the customer  they have to pay Rs.75,000/-.  The Ops pleaded to dismiss the complaint. 

     Due to the rival contentions of both sides the following issues were framed.

1.Whether there is any deficiency in service  on the part of Ops

2. Relief and cost

 Issue  No.1:    The complainant adduced evidence as PW1 and the documents on her side marked  as Ext.A1.  Ops not adduced any evidence or documents from their side.  No cross examination recorded from the side of Ops.  According to  complainant, her  only need was to restore or reactive the sim which was used for last 9 years.  Ext.A1 which is the sim used by complainant  produced.  Eventhough Ops filed  their  version they contended that  they  cannot restore or reactive sim without paying the cost of Rs.75,000/- according to TRAI regulation and company policy.  But they have not produced  any document showing such condition  to disprove  the case of complainant.  Hence issue No.1 is answered in favour of complainant.  Under this  circumstance the commission is  came  in to a conclusion  that ops are liable to reactivate the said sim bearing No.9746414141.

Issue No.2 :  Regarding  issue No.2  relief and cost complainant is entitled to get the sim reactivate as  she prayed .  No cost.

 In the result  the complaint is allowed . The opposite parties are jointly and severally directed  to  reactivate the Airtel Sim bearing  Number  9746414141 of complainant without any cost.

  This order is to be  compiled by the opposite parties  within  30 days from the date of  receipt  of this order,   failing which the   complainant shall be  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.  

   Ext.A1- Airtel Sim bearing  Number  9746414141

Sd/                                                                              Sd/                                                        Sd/

PRESIDENT                                             MEMBER                                        MEMBER

eva                                                                       /forwarded by order/

                                                                                               SENIOR SUPERINTENDENT