Tamil Nadu

North Chennai

CC/435/2018

M/s. Shivsu Canadian Clear International Ltd - Complainant(s)

Versus

Bharathi Airtel Ltd., - Opp.Party(s)

M/s .Suresh Associates

04 Mar 2020

ORDER

 

                                                            Complaint presented on:  12.12.2012

                                                               Order pronounced on:  04.03.2020

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

WEDNESDAY THE 04^th  DAY OF MARCH  2020

 

C.C.NO.435/2018

 

M/s.Shivsu Canadian Clear International Limited,

Rep. by its General Manager,

Mr.B.Sreekumar,

No.149, Poonmallee High Road,

Kilpauk, Chennai – 600 010.

                                                                                     …..Complainant

 ..Vs..

1.Bharati Airtel Limited,

Rep by its Manager,

Oceanic Towers, 2^nd Floor,

101, Santhome High Road,

Santhome, Chennai – 600 028.

 

2. Bharati Airtel Limited,

Rep by its Authorised Signatory,

No.55, Divya Shree Towers,

Bannerghatta Main Road,

Banglore – 560 029.

 

.....Opposite Parties

Counsel for Complainant                        : M/s.Suresh & Associates, S.Rajendrakumar, A.Velmurugan, & G.Sasikannan

 

Counsel for  opposite partites                    : Mr. L.Mouli

ORDER

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant is a reputed manufacturer and seller of water treatment plants.  The complainant has applied for 30 landline connections bearing No.044-40404100 having (A/C No.15677000) from the opposite parties. The said telephone connection was not working from 23.01.2012 and it was reported to the opposite parties customer care to rectify the same but there was no response from the opposite parties. There was no usage of the said telephone connection, since it was not working. In the mean time the complainant also informed the customer care department of the opposite parties to cancel the connection over phone and also by a letter dated 01.02.2012, which was accepted by the opposite parties. But in spite of all the above facts, the opposite parties have been sending the bills continuously for which the complainant had even paid the bills for March and April for an amount of Rs.25,705/-. The complainant by letter dated 05.07.2012 requested both the opposite parties to refund the said amount of Rs.38,065/- which were wrongly billed and paid by the complainant by mistake. But in spite of the repeated requests the amount was not refunded. The complainant therefore caused a legal notice dated 18.09.2012 to the opposite parties for deficiency in service. Hence this complaint.

 

 

 2. WRITTEN VERSION OF THE   OPPOSITE PARTIES IN BRIEF:

          The complainant having availed the landline telephone connections numbering to 30 which is for commercial purpose and hence the  complaint cannot at all be entertained. The complainant has failed to prove that he is a consumer as per the purview of the consumer Protection Act for filing the present complaint. The opposite parties have not received any letter dated 01.02.2012 from the complainant. The fact that the complainant has been paying the bill sent by the opposite parties without any protest would only show that they have never asked for disconnection of the telephone connection. The opposite parties state that they have not received any notice from the complainant dated 05.07.2012 or 31.07.2012. The complainant has never sought for disconnection of the telephone connections and having paid the telephone bills without any protest till now. The complainant is not entitled for refund of the bill amount. Hence this complaint may be dismissed.

3. POINTS FOR CONSIDERATION:

1. Whether the complainant is a consumer?

          2. Whether there is deficiency in service on the part of the opposite parties?

          3. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The complainant is a reputed manufacturer and seller of water treatment plants having their corporate office at Kilpauk, Chennai. There are various divisions in the corporate office of the complainant and they used to get many enquiries regarding the water treatment plants for which they have 30 landline connections. A particular telephone bearing no.044-40404100 was not working from 23.01.2012 and it was reported before the opposite parties to rectify the same but there was no response from the opposite parties. Due to its non-working condition the complainant had informed the opposite parties to cancel that particular connection vide Ex.A1. Even after that the complainant was continuously receiving the bills for that particular connection and the bills are Ex.A2. Complainant alleges that the payment was made by the complainant and thereafter a letter was issued to the opposite parties for refund of excess payment vide Ex.A3 & Ex.A4. There was no response from opposite parties.   Hence legal notice was issued by the complainant in Ex.A5 and its acknowledgement cards are Ex.A6.

           05. The opposite parties would contend that the complaint is not maintainable due to its commercial nature. Admittedly the complainant availed 30 landline connections for their corporate office and those connections are being utilized for the purpose of getting enquiries regarding the water treatment plant.  As per section 2(d) (i) (ii) of Consumer Protection Act 1986, the act is not applicable if the service is rendered for commercial purpose and the said section reads as follows:

          (d) “Consumer” means any person who

1. buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

 

2. ‘(hires or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who ‘(hires or avails of) the services for consideration paid or promised, or partly paid or partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services for any commercial purpose):

 It is also not for earning livelihood as per the complaint. Service connection of 30  land line numbers and its utilization by the complainant proves that it is of purely commercial in nature. Hence the complaint does not come under the purview of consumer as per section 2(d) (i) (ii)   of Consumer Protection Act 1986 and the complaint is liable to be dismissed.

06. POINT NO.2 & 3:

 Since the complaint is of commercial nature as discussed in earlier paragraphs, the complainant is not entitled to get any relief from opposite parties and also other points are not necessary for discussion and the complaint is dismissed.    

In the result, this complaint is dismissed. No costs. 

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 04^th  day of March 2020.

 

MEMBER – I                                                                PRESIDENT

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 01.02.2012                   Letter for cancellation of the connection

Ex.A2 dated NIL                     Bills for February 2012 to August 2012

Ex.A3 dated 05.07.2012                   Letter for refund of excess amount

Ex.A4 dated 31.07.2012                   Reminder for refund of excess amount

Ex.A5 dated 18.09.2012                   Legal Notice

Ex.A6 dated NIL                     Acknowledgement cards

Ex.A7 dated 08.12.2012                   Authorization letter

LIST OF DOCUMENTS FILED BY THE   OPPOSITE PARTIES:

 

                                                … NIL …..

 

 

MEMBER – I                                                               PRESIDENT