SRI MARUTHI VADDAR

       MEMBER

This is a complaint v/s 35 of the CP Act 2019 filed by the complainant Neiman Shariff R/o Mysuru city against the opposite party Bharathi Airtel Pvt. Ltd., BTM layout  Bangalore  alleging deficiency of service praying this commission to pass order seeking compensation of Rs.35,00,000/- for failing to provide the basic quality of service and for the mental agony and immense anxiety from having to keep talking to the customer care representatives and store people.

1. Brief facts of the complainant’s case is as here under:-

1. It is stated in the complaint that the complainant purchased a broadband connection from Airtel in and around September 2020. The package include a fixed landline with broadband connection and two mobile number phones. With unlimited data at speeds upto 30 Mbps and complementary amazon prime membership for one year from the date of new purchase.  The landline No. 0821-46260216 Mobile No: 9731440515 and 7760369494.  The bill generated on 26^th of every month with 15^th of next month as the due date.  The monthly bill is 1355.66.
2. It is further stated that the bill of usage for the month 27^th  July 2021 to 26^th August 2021was generated on 27^th August 2021 and was due on 15^th August 2021.  This bill was INR 2358 which was INR more and was informed that the complementary Amazon Prime Membership had ended and had to pay INR 999 to avail the Amazon Prime Services.  Because of some unforeseen expenses the Complainant could not pay bill on time and on 20^th August 2021 and the outgoing calls were barred.  Then the  complainant went to Airtel Store and informed them that the complainant no longer wish to renew the Amazon prime membership and that INR 999 be dropped from the bill.  Even though the dropping of the Amazon prime membership the complainant paid the balance amount and then the complainant was informed that his number will be unbarred and the services will be resumed within 2 hours and hence left the store.
3. It is further stated that even after paying the bills the outgoing calls on 7760369494 is still barred.  The complainant contacted the customer care and Airtel store numerous times but the problem was not resolved.  When the complainant call the customer care they told that the issue will be resolved in 10 minutes.  The Airtel store employees told the complainant that the issue is technical in nature and nothing they can do.  They even told to  change the sim card by paying 25 extra.  The outgoing is not working even after getting a new sim card.  They have failed to provide the basic guaranteed service. 
4. The complainant further stated that the complainant is a stock market trader by profession and as such have to talk to his clients, brokers very frequently even multiple times a day but since his outgoing is barred, he is unable to carryout his profession and losing the clients and relationships and was unable to contact them in time to update about the market conditions, which leads to lose revenue to the tune of thousands in a day.  Whenever the complainant visited the store they look down on the complainant their attitude and behaviour is very humiliating and demeaning.  This is causing a lot of mental anguish to the complainant and was unable to ask anyone even for help as his outgoing is barred and unable to call his family and friends.  Hence this complaint.
5. After registration of the complaint notice was ordered to be issued to the opposite party and irresponse to the notice opposite party did not appeared even after the service of the notice and hence he placed exparte.
6. The Complainant has not filed his affidavit evidence and the arguments, hence this case is posted for judgment.
7. Now the points that arise for the consideration of this commission are;

1. Whether the complainant proves the alleged deficiency of service on the part of the opposite party and thereby he is entitled to the reliefs as sought?
2. What order?

8. Our findings on the aforesaid points are as follows:

   Point No.1:-  Negative

   Point No.2:- As per  the final order for the following

:: R E A S O N S ::

9. Point No.1:-   It is the specific case of the complainant that he has purchased a broad band connection package from Airtel around September 2020 which includes a fixed landline and two mobile phone numbers. With unlimited data at speeds upto 30 Mbps and complimentary Amazon prime membership for one year from the date of new purchase.  The landline No is 0821-46260216 and mobile no 9731440515 ad 7760369494.  The bill generated  on 26^th of every month with 15^th of next month as the due date.  The monthly bill is 1355.66.  The said statement of the complainant is strengthened by the documents produced by him.

10. It is further case of the complainant that the bill of usage for the month 27^th July 2021 to 26^th August 2021was generated on 27^th August 2021 and was due on 15^th August 2021.  This bill was INR 2358 which was INR more and was informed that the complementary Amazon Prime Membership had ended and had to pay INR 999 to avail the Amazon Prime Services.  Because of some unforeseen expenses, the Complainant could not pay bill on time and on 20^th August 2021 and the outgoing calls were barred.  Then the  complainant went to Airtel Store and informed them that the complainant no longer wish to renew the Amazon prime membership and that INR 999 be dropped from the bill.  Even though the dropping of the Amazon prime membership the complainant paid the balance amount and then the complainant was informed that his number will be unbarred and the services will be resumed within 2 hours and hence left the store.
11. It is further stated by the complainant that even after paying the bills the outgoing calls on 7760369494 is still barred.  The complainant contacted the customer care and Airtel store numerous times but the problem was not resolved.  When the complainant call the customer care they told that the issue will be resolved in 10 minutes.  The Airtel store employees told the complainant that the issue is technical in nature and nothing they can do.  They even told to  change the sim card by paying 25 extra.  The outgoing is not working even after getting a new sim card.  They have failed to provide the basic guaranteed service. 
12. The complainant further stated that the complainant is a store market trader by profession and as such have to talk to his clients, brokers very frequently even multiple times a day but since his outgoing is barred,  he is unable to carryout his profession and losing the clients and relationships and was unable to contact them in time to update about the market conditions,  which leads to lose revenue to the tune of thousands in a day.  Whenever the complainant visited the store they look down on the complainant their attitude and behaviour is very humiliating and demeaning.  This is causing a lot of mental anguish to the complainant and was unable to ask anyone even for help as his outgoing is barred and unable to call his family and friends.

13. After perusing the pleadings and documents submitted by the complainant it is observed that the complainant himself stated that he is a stock market trader by profession but he has not produced a single document to show that he is doing such profession.  If he was doing such profession what prevented him to pay the bill in time as such the outgoing calls were  barred.  After barring of calls the complainant went on to the Airtel store and enquired the same.  After filing of the complaint, the complainant did not bothered to attend his case and failed to adduce his evidence.  Hence this commission has imposed cost of Rs. 1000/- on the complainant for not adducing the evidence.  Moreover the complainant failed to adduce the arguments. The complainant has taken the Airtel broadband connection and he has to pay the bill in time and from the documents produced by him showed that he has not paid the bill in time and the opposite party has sent repeated messages to the complainant.  Even after the messages sent by opposite party, the complainant has not keep his phone connection and came before this commission by filing the present complaint.  The complainant has not approached the commission with clean hands and tried to suppress something.  Hence he is not entitled for any of the relief as prayed in his complaint. Hence the complaint of the complainant is devoid of merits and is liable to be dismissed.  Hence we answered the point as negative.

12.   Point No.2:- From the above said reasons, we proceed to pass the following

:: ORDER ::

The complaint of the complainant is hereby dismissed with costs of Rs. 2000/-

Supply free copies of the order to both the parties.

       (Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Commission on this the              19^th  April, 2023)