DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No. 89/2008

Shri Prem Chand Banthia,

Flat No-44, Plot No.99,

Anamika Appartments, Patparganj,

New Delhi-110092

.                                                           ….Complainant

Versus

Bharti Airtel Ltd.

D-184 Okhla Industrial Area

New Delhi-110020                                                   ….Opposite Party

                                                  Date of Institution      :         11.08.08

                                                  Date of Revival            :         11.11.14

                                                   Date of Order              :         08.01.19

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Complaint in nutshell is that:-

1. The complainant, Prem Chand Banthia availed an Airtel ‘Free Flight’ offer of Bharti Airtel Ltd. (OP).
2. It is averred that the representatives of OP visited the complainant and after going through the Airtel ‘Free Flight’ scheme complainant agreed to become an Airtel customer and accordingly purchased a new Airtel Postpaid Connection. The complainant completed all the prerequisites in order to avail the Airtel Free Flight offer. All the payments of the first three months bill were timely paid by the complainant. It is next stated that on the completion of third paid bills cycle, as per scheme complainant became eligible for free flight offer and waited for free flight booking request form. As per the offer, the said form was to be delivered by OP within 10 days for becoming eligible for the offer. But not receiving the said form despite various request of the complainant, he visited the office of OP Company and finally the form was received by the complainant after almost 23 days.
3. It is alleged that the deficiency took the shape of harassment when duly filled form along with a demand draft dated 17.04.2006 of Rs.442/- was returned back to the complainant without stating any reason. Complainant again visited OP’s office to know the reason for rejection of form but to no avail.
4. It is further averred that after making several visits and request the officials at Daryaganj Airtel Outlet finally offered the dates of departure and arrival to Delhi which were 15 to 20^th July 2006 and accordingly the complainant made the plan to go to Hyderabad. But to the utter shock of the complainant OP neither sent the flight tickets nor bothered to intimate the reason to the complainant.
5. Aggrieved by circumstance above, the complainant approached this forum with the prayer for directions to OP to provide him with return ticket as promised in the offer and in alternative pay for the air ticket approximately Rs.35,000/- with interest  on the said amount @ 24% that is Rs.16,800/- and compensation of harassment and mental agony worth Rs.2,00,000/- and further the cost of litigation amounting to Rs.11,000/-.

2. The above said complaint was instituted on 11.08.2008 and was disposed of vide order dated 21.06.2010 passed observing that a special remedy is provided by this Forum in Section 7-B of the Indian Telegraph Act regarding disputes in respect of telephone bills, therefore, the remedy under Consumer Protection Act is by implication barred.
   1. The above said order was finally set aside by the Hon’ble National Commission vide order dated 11.09.2014 for fresh adjudication on merits. After remand the matter was revived on 11.11.2014.
   2. Despite providing opportunity to OP, OP failed to file its written statement within the statutory period of 45 days provided in the Consumer Protect Act. Therefore, the defence of OP was struck off after revival of the case.
3. Evidence by way of affidavit has been filed by the complainant reiterating the averments made in the complaint.
4.  Written arguments have been filed on behalf of the parties.
5. Arguments on behalf of the complainant and OP are heard and material placed on record is perused. OP in his arguments has averred that the complainant had not submitted the completely filled form to OP. But averment on facts cannot be read as OP’s defence was struck off on 03.04.2017, after the revival of the case.
6.  As the averments made by the complainant in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Therefore, there is no reason to disbelieve the version of the complainant.
7. After giving thoughtful consideration to the rival contention of parties, this Forum holds the following views:-

OP floated a scheme titled as Airtel Free Flight Offer to encourage its sale. Pursuant to the scheme one of the representatives of OP approached the complainant and offered the complainant a new postpaid connection under the scheme. Before we go into the complaint further for the sake of convenience the relevant terms and conditions of the offer are summarized as under:-

1. Buy an Airtel postpaid connection with a monthly rental of Rs.199 or more. Pay an activation charge of Rs.599/- (Rupees Five Hundred Ninety Nine Only) and a membership fee of Rs.250/- (Rupees Two Hundred Fifty Only).
2. Stay on the opted plan for the next three months and ensure timely payments of bills.
3. On completion of the third paid bill cycle you will be eligible for the free fight offer scheme.
4. You will receive your fee fight booking request form within 10 days of your becoming eligible for the offer.
5. Simply fill in the complete free flight booking request form and courier the same to us within the date specified on the form.
6. Your will need to specify three destination choices and three optional travel date preferences, for your trip. The ticket will be a return ticket only.
7. You will get a call regarding your booking status within 21 days of our receiving the completed booking request form.
8. A minimum of 30 days notice before date of travel is required after you have sent across the completely filed booking request form to us.

The true copy of the said free flight offer has been annexed as Annexure C-1.

8. The complainant after perusing the scheme and on the promise that the return tickets will be allotted, agreed to become an Airtel customer and accordingly purchased a new Airtel postpaid connection. Thereafter, the complainant in compliance with the terms and conditions of the above scheme duly paid his bill well on time and on completion of third paid bill cycle as per the scheme complainant became eligible for the free flight offer.
9. Complainant on not receiving the said form within 10 days made several requests and visited the office of the OP to obtain the form. Finally it was almost after 23 days that he was given the form. On receiving the form, the complainant duly filled all the required details and paid Rs.442/- vide a demand draft and sent it to the opposite party. The Form was returned back with no reasons provided for the rejection of the Forum.
10. From the facts and circumstances above, this Forum is of the opinion that having floated the offer, now the OP cannot back out or not fulfill its promise of providing the return ticket to complainant. Further it is observed that OP is deficient in service as there is ‘short coming in the manner of performance which was under taken to be performed by OP in relation to the service provided by him’. It is next observed that by offering the scheme and then denying or not providing any reasons to the complainant for not letting him to avail the offer leads to unfair trade practice.
11. The OP floated the above said scheme for the purpose of promoting its sales and to increase the ratio of its customers, having floated the offer and not fulfilling the promise made under the scheme, tantamounts to unfair trade practice. Therefore, we allow the complaint and direct OP to pay Rs.35,000/- for the return air ticket @ 6% per annum from the date of filing of the complaint that is 11.08.2008 till realization.
12. OP is directed to pay the complainant within a period of 45 days from the date of receipt of the copy of this order failing which the OP shall become liable to pay interest @ 10% p.a. on Rs. 35,000/- from the filing of complaint till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 08.01.19.