D.O.F:27/12/2021
D.O.O:10/08/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.243/2021
Dated this, the 10th day of August 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
T. V. Narayanan
S/o Ambadi, Roopa Nivas
Veleswaram P.O. Haripuram
Via Anandhasramam. Pin – 671531. : Complainant
And
- Bharati Airtel Ltd.
S.L. Avenue, N H Bypass, Maradu P.O.
Kundanoor
Ernakulam, Kerala - 682304
(Adv: Gopikrishnan Nambiar)
- The Manager
Airtel Office, Bengacherry Complex,
Puthiyakotta, T.V. Road,
P.O. Kanhangad. : Opposite Parties
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is alleging deficiency in service and unfair trade practice on the part of opposite party in connection with poor connectivity of his airtel mobile phone and non-availability of service by opposite party in time.
The facts of the case is that the complainant had airtel mobile connection, his number was 9656536576.From 18/12/2021 onwards his number was facing connectivity issue. He was not getting incomingcalls in time.And outgoing calls is also not possible from his residential premises. Incoming calls will shown as missed calls after a while. The complainant had shown the mobile in different mobile shops. After contacting the airtel office as per their direction the complainant contacted customer executive of airtel and thereafter recharged for Rs. 479/- to the said number, an amount of Rs.68/- is shown as balance amount in the phone then. Due to the poor connectivity of the said airtel number the complainant was unable to sell his betel leaves according to demand in various shops.There by the complainant suffered severe mental agony and inconveniences. Therefore, the complainant is seeking a compensation of Rs.5,00,000/- from the opposite party.
The Opposite party filed version raising the issue of maintainability. According to opposite party there is no negligence or deficiency of service as alleged by the complainant in this case. Upon receiving complaint from the complainant, the Opposite party enquired with the complainant to gather further information regarding this complaint. On enquiry it is informed from the officials of Opposite party that the complainant is getting good data speed but facing only call connectivity issues. The call connectivity issue faced by the complainant is not due to any deficiency in service from the part of opposite party. If the issue faced by the complainant was the result of any network issue due to services offered by the complainant herein, he would not be able to get good data speed. The said issue may be due to many reasons changes settings in the handset, issue related to the handset hardware etc. the complainant has not specified as to which hardware was tested and also have not produced any documents to the Opposite party. The complainant ought to have taken his mobile phone to a qualified technician especially in view of the fact that he was getting good data connection and the issues was only call related. The Opposite party had not directed the complainant to recharge for Rs. 479/- subsequent to the filing of this complaint the complainant has ported his airtel sim to a different telecom operator as on 31/12/2021. The Opposite party is suspects that the issue faced by the complainant was due to some changed hardware setting in his phone, or hardware related issue which would have been easily rectified. If he had taken the advice of a qualified technician.The complainant is trying to mislead the commission by suppressing material facts. The claims raised by the complainant against this Opposite party is without any basis. The complainant is not entitled to get any relief sought in the complaint. The complaint is liable to be dismissed with compensatory cost to Opposite party.
The complainant filed proof affidavit in lieu of chief examination and the sim card produced by the complainant is marked as Ext A1.
The question raised for consideration are:
- Whether there is any deficiency of service or unfair trade practice as alleged by the complainant?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
For convenience issues no: 1,2and 3 can be discussed together.
Here the complainant is an airtel customer. From 18/12/2021 onwards he is not getting calls in time, after a short while it is shown as missed calls. After contacting the airtel office also no proper service received. Due to the poor connectivity, he suffered huge loss in agricultural field and mental agony in family. The complainant checked the phone by changing the sim card by other sim cards of his family members. The specific complaint of the complainant is that he is not getting calls in his airtel number. Due to the non-availability of calls in his airtel number he could not sell betel leaves according to demand in different shops. Moreover, he could not know the death of his son in-law’s uncle in time.All these incidents caused severe agony to him. The opposite party failed to provide proper service to the complainant even after registering complaint amounts to deficiency in service on the part of the opposite party. Due to the negligence on the part of opposite party, the complainant suffered loss and undergone mental agony. He is seeking a compensation of Rs. 5 lakhs, but he did not produce any documentary evidence to prove such a huge loss. Due to the connections issue he suffered mental. Considering the affidavit of the complainant and the facts of the case the commission holds that an amount of Rs. 5,000/- (Rupees Five thousand only) is a reasonable compensation in this case.
In the result, complaint is partly allowed directing opposite party to pay an amount of Rs.5,000/- (Rupees Five thousand only) as compensation along with acost of Rs.3,000/- (Rupees Thirty thousand only) to the complainant within thirty days from the date of receipt of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibit
A1 – SIM card
Witness cross-examined
PW1 – T. V. Narayanan
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
