Chandigarh

DF-II

CC/942/2019

Anil Kumar Aggarwal - Complainant(s)

Versus

Bharti Airtel Limited - Opp.Party(s)

In Person

15 Mar 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	942 of 2019
Date  of  Institution	:	17.09.2019
Date   of   Decision	:	15.03.2022

 

 

 

 

 

Anil Kumar Aggarwal, House NO.742, Sector 7-B, Chandigarh.

 

             …..Complainant

 

Versus

 

Bharti Airtel Limited, through its CEO/Circle Incharge for Punjab circle, Plot No.21, Rajiv Gandhi Technology Park, Chandigarh 160101

 

    ….. Opposite Party

 

 

BEFORE:  SMT.PRITI MALHOTRA        PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

Argued by  : Sh.Shailender Sharma, Adv. for complainant.

   Sh.Sanjeev Pabbi, Adv. for OPs  

 

PER PRITI MALHOTRA, PRESIDING MEMBER

         Concisely put, the complainant was subscriber of Airtel landline-cum-Broadband connection with landline No.01724044742 & customer account number 7038296659 provided by OPs.  It is averred that the complainant paid bill of Rs.1179/- to the OPs on 24.7.2019 in respect of said connection (Ann.C-1), but the OPs did not update the said payment and it kept showing as due in future bills.  It is also averred that the OP sent a pre-disconnection alert on 31.7.2019 stating that amount of Rs.1178.40/- was overdue while it was already paid (Ann.-5).  Thereafter, the OP issued bill on 3.8.2019 amounting to Rs.2475.22/- levying late fee of Rs.100/- and showing previous unpaid amount of Rs.1178.40/-.  It is submitted that the complainant sent legal notice to OP on 5.8.2019 to correct the bill, but instead of that the OP discontinued the services of complainant on 22.8.2019, so the complainant was forced to get a new connection. The OP sent Service Disconnection email on 7.9.2019 stating that amount of Rs.3654.04P was overdue, whereas the OP did not deduct an amount of Rs.1179/- already paid by complainant on 24.7.2019 and also imposed late payment penalty (Ann.C-11). It is also submitted that the OP is compelling the complainant to make the payment again and making repeated calls.  Hence, this complaint has been filed alleging the said act & conduct of OP as gross deficiency in service and unfair trade practice.

 

2]       The OP has filed reply and while admitting the factual matrix of the case, stated that e-bills are sent to all the subscribers.  It is stated that it was conveyed to the complainant that the issue would be resolved and the company would not be taking any action towards disconnection of service.  It is also stated that the amount was not credited in the account of complainant due to some errors and it was conveyed also that the services shall not be disconnected for that overdue payment, but the complainant thereafter also did not make any payment and notice was issued to pay Rs.3654.04.  It is submitted that the complainant did not make payment for the subsequent bills also and monthly bill is Rs.1196.82/- which includes rental of Rs.999/- along with taxes.  It is also submitted that the complainant himself is at fault for not making the full payment and as per rules the OP is entitled to disconnect the services. Pleading no deficiency in service and denying rest of the allegations, the OP has prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have perused the entire record.

 

5]       The averments of the complainant supported with duly sworn affidavit alongwith corroborating documents in support of the averments, clearly exposes the deficiency in service committed by OP.  It is a clear case of the complainant that he made payment against bill raised for his landline–cum-broadband connection obtained from OP amounting to Rs.1179/- (Ann.C-1), which is shown as unpaid in the accounts of OP till date. The complainant vide email dated 25.7.2019 apprised the OP for updating the payment made by him, but it has been gathered from the record that till the filing of the complaint, the OP not only failed to resolve the issue but unfairly it raised another bill for an amount of Rs.2475.22 dated 3.8.2019 wherein the previous bill was shown as unpaid.  Thereafter, the OP discontinued the services of the complainant.  After the disconnection, the OP again raised another bill amounting to Rs.3654/- dated 7.9.2019 including the previous due amount which the complainant has already paid. 

         It is submitted during the course of arguments by the complainant that being dissatisfied with the act & conduct of OP as well as disconnection of services by OP, he availed the services of other service provider, so he is no more interested in getting the connection continued. 

 

6]       The deficiency in service on the part of OP is well proved on record as they not only failed to credit/update the payment made by the complainant in its record, but also issued subsequent bills showing previous balance while imposing penalty, whereas it is the OP who failed to update its account. 

 

7]       Keeping in view the facts & circumstance of the case, as discussed in the preceding paragraphs, the deficiency in service on the part of OP is proved.  Therefore, the present complaint is allowed and the Opposite Party is directed to pay compensation amount of Rs.7000/- to the complainant for causing him immense mental agony and harassment due to its deficient services. The Opposite Party is also directed to pay litigation cost of Rs.3000/- to the complainant. The OP is at liberty to deduct an amount of Rs.1178/- towards rent for the month of August, 2019 in respect of the connection provided to complainant, from the above awarded amount.

 

         This order shall be complied with by the Opposite Party within a period of 30 days from the date of receipt of its certified copy, failing which it shall be liable to pay additional compensation cost of Rs.5000/- apart from above relief.

 

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.   

Announced

15^th March, 2022                                                                     Sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER