Tamil Nadu

South Chennai

CC/185/2022

D. Soundara Rajan - Complainant(s)

Versus

Bharti Airtel Limited - Opp.Party(s)

D. Soundara Rajan

09 Jan 2023

ORDER

                          Date of Complaint Filed : 02.05.2022

                          Date of Reservation      : 27.12.2022

                           Date of Order               : 09.01.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                               : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.,               :  MEMBER  I 

                   THIRU. S. NANDAGOPALAN., B.Sc., MBA.,        : MEMBER II

 

CONSUMER COMPLAINT No.185 /2022

MONDAY, THE 9^th DAY OF JANUARY 2023

D.Soundara Rajan,

Son of Desan,

No.5. Manthi Amman Kovil Street,

Mangadu and post,

Chennai-600122.                                                                                                              ...  Complainant               

..Vs..

 

Bharti Airtel limited,

Represented by CEO,

AIRTEL-CHIEF EXECUTIVE OFFICER (CEO),

No: 101, Oceanic Tower,

Santhome High Road,

Raja Annamalaipuram,

Chennai-600 028.                                                                                                                ...  Opposite Party

 

******

Counsel for the Complainant          : Party in Person

Counsel for the Opposite Party       : M/s. P.J. Rishikesh

 

On perusal of records and after having heard the oral arguments of the Complainant / Party in Person and the Counsel for the Opposite Party, we delivered the following:

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar, B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Party to pay a compensation at Rs.50,000/- for their mal administration and suffering that had been undergone by the Complainant and to give the proper network herein after as per in tarrif paid for and persuade reply for the qualified complaint dated 28.03.2022 and the RTI application dated 06.04.2022 pertaining query’s with exhibits records for further proceedings and eradicate such kind of their anti consumer activities and to pay a sum of Rs.10,000/- towards the cost of the complaint.

2.     The averments of Complaint in brief are as follows:-

The complainant is a Retired RLY-employee and general secretary to an association namely IRCBC PUICF Units, Chennai-600 038. Owing to service, he had been carry certain social obligations, thus that the same is continued. As a consumer and customer of the airtel he is using two airtel numbers. Mostly and significantly be used to the light weight phone bearing the number 9176824126, thus he recharged Rs.479/- for the validity of 56 days and daily using 1.5GB data Tariff on 22.01.2022, its validity period up to 18.03.2022. The airtel admin has not connected network as above tarrif and paid amount, so he had tried to make complaint to the airtel by using the Numbers. Viz-91-1400491116/3, 9894012345, 9894198941, 91-6379267119. But it was not functioning, thus he understood that the airtel is a fraudulent company. The airtel did not activated his sim as per paid amount and tariff. Instead of that the airtel company giving more messages and voice recorded calls to recharge immediately and to avoid loss of airtel favourate using numbers as per their message and instruction call for 12181 or 121 51# have been used the number. But it was not functioning. Thus he felt too the airtels fraudulent activities. Due to the airtel's fraudlent activities, he had been lodged tenacious memorandum to the concerning chief executive officer-airtel, Chennai -600 028, by registered post on 24.01.2022. The same had delivered on 25.01.2022 by post. The concern CEO/Airtel did not take immediate action and even not replied so far. But that the airtel admin had connected net since 07.02.2022. The late 16 days unavailability network. He has been suffered in the modern life at various occasions. The airtel admin without consideration the above 16 days late network functioning Automatically disconnected my network as per tariff 56 days eligibility on 18.03.2022 thus he felt the airtel's inferiority and predatory activities was too painful matter. The airtel admin disconnected his network since 19.03.2022 he had recharged to avail proper net connection under the tariff Rs.479/- 1.5 GB Data use for 56 days eligibility date on 24.03.2022 at about 10.45 am. But that the fraudulent airtel company did not connected network in 9176824126 till the date and time. Thus it is a painful and – unlawful matter. Hence the complaint.

3. Written Version filed by the Opposite Party in brief is as follows:-

 The complaint is referred to the Chief Executive Officer (CEO) which is not applicable in the first hand, as the CEO will not reply to the query raised by the complainants. It would be forwarded to the concerned department for the redressal of the dispute. In this specific case, there are lot of queries which are not part of the redressal. Hence, the Customer Experience team checked the benefits of the recharge and found the same was already provided to the specific number. Once a benefit is activated or transferred it can never be withdrawn. The said benefit for Rs. 479/- for a period of 56 days with 1.5 GB data tariff was immediately activated by as on the very same day ie, on 22.01.2022. The customer care numbers (91-1400491116/3, 91-6379267119) used by the Complainant are wrong and they were not aware of the said numbers. Referring to the complainant's typed set (Page No.1) it is clearly mentioned "(Failed to send message)" which implies that the number does not exist. The post-paid call centre number is 9894012345 and the prepaid call centre number is 9894198941. These two numbers are used in Chennai and Tamil Nadu. The customer can lodge the complaint through this number. The details are clearly available in our website. As stated by the Complainant/Party-in-Person, the number provided [*121*81] is a USSD (Unstructured Supplementary Service Data) number which helps the customers for self- help activities. But Airtel does not use the above mentioned USSD code. The correct code is *121*51# for registering the complaint. The codes are very well available on their Airtel website & My Airtel App and is commonly used to check mobile airtime and data balance enquiries, or to receive one-time passwords. It is to be noted that, the above provided USSD numbers and the complaint numbers for both post paid and prepaid are active 24x7. Complaint can be raised through call centre, social media, Airtel Store or through "My Airtel App" etc. There are specific teams to address the query and for all the consumer related complaints, a Service Request (SR) number will be generated. Once a SR number is given and the customer is not satisfied with the solution, an appeal can be raised as per the regulation. Further, as per the license condition the consumer complaints will be redressed as per the TRAI regulations. Therefore, all the disputes or complaints made by the persons are addressed to by their customer support team. The benefits were for a period of 56 days which started from 22.01.2022 and ended on 18.03.2022. They did not stop/discontinue the package validity. There is no such automatic disconnection. Only on the usage of the data the package validity gets expired on the said date. It is also to be noted that the issue might also be with the complainant's handset settings or data consumption. Hence prayed to dismiss the complaint.

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents marked as  Ex.A-1 to Ex.A-12. The Opposite Party submitted his Written Version and Proof Affidavit of Opposite Parties documents were marked as Ex.B-1 to Ex.B-3.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

It is an undisputed fact that the Complainant’s mobile number 9176824126 was recharged on 22.01.2022 with Rs.479/- plan facilitating with Unlimited local, STD & Roaming calls on any network, daily 1.5 GB data and 100 SMS with pack validity of 56 days, which ends on 18.03.2022.

The disputed facts of the Complainant are that the network connection was not activated by the Opposite party from the date of recharge, i.e., from 22.01.2022 to 24.01.2022, in spite of tried to make complaints to the numbers, 9894012345, 8101159147, 9339628834, 9894198941 and also tried to 12181 or *121851#, all the said numbers were not functioning.Hence he had sent a complaint to the CEO of the Opposite party on 24.01.2022. Though the said complaint was received by the CEO of the Opposite party, no immediate action was taken nor any response from the Opposite party, but from 07.02.2022 network connection to the said number was connected. For about 16 days ie., from 22.01.2022 to 07.02.2022 the network connection was not activated by the Opposite Party, which made to suffer a lot as being a social activist. Further the network connection was automatically disconnected on the 56^th day as per the tariff, i.e, on 18.03.2022. And again he had recharged with the same pack on 24.03.2022, even again he was not provided with the network connection, for which he had sent a complaint on 28.03.2022 to the CEO of the Opposite Party and raised the issue of non-connection of network to his above said number as well as regarding the non-functioning of the given contact numbers of the Opposite Party, in spite of receipt of the said complaint, there was no response from the Opposite Party, which put him in a serious mental agony.

The Opposite Party in reply to the disputed facts raised by the Complainant, had contended that the network was activated immediately after recharge done by the Complainant to his said number and it was clearly mentioned to the Complainant that the numbers in which he had contacted were not functioning which was admitted by the Complainant in his Complaint and as per Ex.A-1 it was clearly mentioned that Failed to send message which implies that the said number, ie., 91140091113 does not exist, further the Post paid call centre number was 9894012345 and the prepaid call centre number was 9894198941, which are used in Chennai and Tamil Nadu and the Complaint could be lodged through the said numbers, which details are clearly available in their website. Further complaints could be registered for postpaid and prepaid connections using USSD numbers *121*81# and *121*51# and a service request would be generated to the customers and if the customer was not satisfied with the solution an appeal has to be raised as per TRAI regulations. The benefits as per the plan recharged by the Complainant was provided from 22.01.2022 to 18.03.2022 they had not stopped/discontinued the package validity and there was no such automatic disconnection and only on the usage of data the package validity gets expired on the said date. Further the CEO will not reply to the complaints, the same would be forwarded for redressal as per the procedures, as there was no issues from their end in respect of Complainant’s complaint, the problem was not with their network or with them, it shall be of the handset used by the Complainant. They had not blocked the connections during the validity period. The internet connections is given through servers and they are well established network provider which monitor’s every number’s data usage with the help of electronic systems and the Complainant’s both the numbers are well functioning, and there was no deficiency in service on their part.

On discussions made above and on considering the facts and circumstances of the case, the Complainant had not proved with authenticated material evidence to substantiate his allegations with regard to non-connection of network from 22.01.2022 to 07.02.2022 and also with regard to non-functioning of given contact numbers to register the complaints, as it is found that the compliant had messaged and made calls to wrong numbers other than the numbers given for prepaid connections, which resulted in failure to send messages and register his complaint. The contentions of the Opposite Party that they had not stopped/discontinued the network connection of the Complainant’s subject mobile number as the network connection is given through server and they found there were no issues from their end, are acceptable. Therefore we are of the considered view that the Opposite Party had not committed deficiency of service. Accordingly Point No.1 is answered against the Complainant. 

Point No.2 & 3:

As discussed and decided Point No.1 against the Complainant, the Complainant is not entitled for the reliefs claimed in the complaint and hence not entitled for any other relief/s. Accordingly Point Nos.2 and 3 are answered.

In the result the complaint is dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 9^th of January 2022.

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	22.01.2022 & 24.03.2022	Recharged for Rs.479/- details
Ex.A2	24.01.2022	Complaint to the Chief executive officer/Airtel
Ex.A3	24.01.2022	The complaint typed set
Ex.A4	25.01.2022	The complaint of 24.01.200 delivered acknowledgement receipt
Ex.A5	28.03.2022	Complaint to the Chief executive officer/Airtel-letter
Ex.A6	28.03.2022	The complaint typed set
Ex.A7	01.04.2022	The complaint dated 28.03.2022 delivered acknowledgement receipt
Ex.A8	06.04.2022	RTI complaint to the CEO/Airel through CPIO/Bsnl-letter
Ex.A9	06.04.2022	The RTI letter typed set
Ex.A10	07.04.2022	The RTI letter delivered acknowledgement receipt
Ex.A11	-	My Aadhar-37849323 2009- Proof
Ex.A12	22.01.2022 23.01.2022	Sent Message Airtel – 121 Sent Message to Airtel -9894198941 & 9884012345 Non Activation “Net” Work Details

 

List of documents filed on the side of the Opposite Party:-

Ex.B1	-	Recharge details of D.Soundara Rajan (complainant herein)
Ex.B2	-	“Truly unlimited” pack Details
Ex.B3	-	Telecom Consumers complaint Redressal Regulation, 2012

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT