Tamil Nadu

South Chennai

CC/173/2014

M/s.S.Ezhil Raj - Complainant(s)

Versus

Bharathi Airtel - Opp.Party(s)

Party in person

15 Nov 2017

ORDER

                                                                        Date of Filing :   08.04.2014

                                                                        Date of Order :   15.11.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

                                       PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                                                            TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

                               DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.173/2014

                                                        WEDNESDAY THIS 15^th DAY OF NOVEMBER 2017

 

Mr. S.Ezhil Raj,

S/o. Mr.R.Savari Muthu,

Residing at

No.226, Kamaraja Puram,

Nungambakkam,

Chennai 600 034.                                          Complainant

                                        ..Vs..

 

The Manager,

Bharathi Airtel,

No.101, Bharathi Towers,

Santhome Road,

Chennai 600 004.                                           Opposite party

 

 

Counsel for Complainant         :   Party in person          

Counsel for opposite party      :    M/s. Shivakumar and Suresh

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.50,000/- as compensation for mental agony and to pay cost of the complaint.

 1. The averment of the complaint in brief are as follows:

         The complainant submit that he purchased Pre paid services and utilized the Pre paid service number 9566148658.    On 27.12.2013 for the purpose of business conference went to Tirunelveli.  He recharged the Mobile at Town Bus stand outlet for Rs.26/-  as a SMS pack and received SMS alert from the opposite party Airtel service, on 29.12.2013 vide Trans ID No.43481532 validity : 28 days; benefit : 75 local SMS/day; 1^st SMS/day @ 49p.  As per Ex.A3 schedule meeting held at Hotel Bharani.  At the time of SMS recharge he had the balance to make the outgoing calls for new year greetings to send through SMS to the friends, relatives, and others.   The complainant was not able to send SMS and there is no outgoing facility also.   On the same day the complainant rushed to the retailer regarding the SMS Pack recharge and he was requested to contact Airtel customer care 121.    The complainant was unable to speak with customer care executive and  held up without phones to his friends and well wishers which caused great mental agony.  After reaching Chennai on 30.12.2013 the complainant sent an email to the customer care regarding the service issues and they did not accept their mistake.   Hence a complaint was registered with the opposite party customer care through email.   But there is no response.     As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in Written Version of  the  opposite party is  as follows:

The  opposite party deny each and every allegations except those that are specifically admitted herein.  The opposite party submit that the opposite party is an Indian Global Telecommunication service providing GSM, 3G and 4G LTE services and the complainant is user of the pre-paid services offered by the company and has exclaimed his satisfaction with the services offered.    The complainant recharged Rs.26/- at 12.03 p.m as  SMS pack and failed to recharge his main balance.   The complainant has below 49P balance in his prepaid account and thus he was unable to send any SMS.     Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A3 marked.  Proof affidavit of opposite party filed and no documents  marked on the side of the  opposite party.

4.   The points for the consideration is: 

Whether the complainant is entitled to a sum of Rs.50,000/- as compensation for mental agony with cost as prayed for ?.

 

5.  

 

          Both parties filed their respective written arguments. The complainant has not turned up to advance any oral argument.The complainant pleaded in complaint and contended that he purchased Pre paid services and utilized the Pre paid service number 9566148658.On 27.12.2013 for the purpose of business conference complaint went to Tirunelveli.He recharged his Mobile at Town Bus stand outlet for Rs.26/-as SMS pack and received SMS alert from the opposite party Airtel service on 29.12.2013 vide Trans ID No.43481532 validity : 28 days; benefit : 75 local SMS/day; 1^st SMS/day @ 49p.As per Ex.A3 schedule meeting held at Hotel Bharani.At the time of SMS recharge he had the balance to make the outgoing calls, for new year greetings to send through SMS to the friends, relatives, and others.The complainant was not able to send SMS and there is outgoing facility also.On the same day the complainant rushed to retailer regarding the SMS Pack recharge and he was requested to contact Airtel customer care 121.The complainant was unable to speak with customer care executive andheld up without phones to his friends and well wishers which caused great mental agony.After reaching Chennai on 30.12.2013 the complainant sent an email to the customer care regarding the service issues and they did not accept their mistake.Hence a complaint was registered with the opposite party customer care through email.Since the opposite party committed deficiency in service related to SMS, the complainant was constrained to file this case.

6. complainant is not entitled for any relief as prayed for in the complaint and the point is answered accordingly. 

            In the result the complaint is dismissed.  No cost

          Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 15^th day  of  November 2017.

 

 

 MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-                 - Copy of correspondence with Airtel office.

Ex.A2- 6.1.2004    - Copy of legal notice with RPAD Tracking.

Ex.A3-                 - Copy of Hotel Bill with Train Ticket.

Opposite parties’ side document:       Nil 

 

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.