Maharashtra

Aurangabad

CC/14/395

Kiran S/o Limbaji Kurwade - Complainant(s)

Versus

Bharti Airtel ltd Through its Chairman Mr Sunil Bharti Mittal - Opp.Party(s)

Adv A M Mamidwar

16 Jan 2015

ORDER

Date of filing :- 25/08/2014

                                                                                               Date of disposal –   16/01/2015

 

Judgment

            (per – Mrs.Sandhya Barlinge, Member)

                             Complainant was using cellular network provided by respondents for   his cell no. 9987262363. Respondent No 1 to 4 are respectively director, chairman and managing director of the network company named as BHARATI Airtel which provides cellular services . Respondent No 5 is dealer of the company in Aurangabad. 

 

                             In July 2014, Complainant had travelled to Kathmandu for official work. On 10 July 2014, he had  requested to respondents i.e. Airtel Customer No 121to activate international roaming only for voice call purposes to his cell number. Accordingly respondents had  activated international roaming along with GPRS to his cell  and charged heavy bill of Rs. 48810/- . While activating international roaming they did not intimate about GPRS.  Complainant has started using international roaming on 12 July at 17.30 hrs and on 13 July 2014 , he received one SMS from respondents that he had used high data usage of 68 MB with value of Rs. 38314/- . Complainant had immediately called respondents and requested to deactivate international roaming and GPRS. He had also registered his   complaint that without his instruction GPRS was activated to his cell number. Even after filing the complaint, GPRS was not deactivated. On 13 July 2014 the data usage raised to 72 MB with value of 48810/- . Respondents had denied to give  details of usage of GPRS. Complainant had filed his grievance on 22 July 2014 and sent many mails to respondents by  requesting them to solve the matter. Respondents replied to his mail mechanically but could not solve his grievance. Therefore, complainant has requested to cancel the telephone bill of Rs. 48816/- dated 21 July 2014 and claimed for compensation.

 

                                Respondent No. 1, 2, 3 and 5 have filed their reply collectively. Respondents have raised preliminary objection on the ground of jurisdiction of the complaint . Respondents have stated  that complainant was  failed to inform them to deactivate GPRS service during international roaming. Respondents stated that international roaming service includes not only voice calls but also messages, internet data usage and other value added services offered by respondent network company. As per the terms and conditions of international roaming , complainant had not followed the instruction given by respondents and kept all applications i. e. GPS, face book, black berry messenger and other instant messaging applications  active while on international roaming. It has consumed high data bandwidth leading to high data usage charges. Respondents stated that considering the long association of the complainant, they have decided to not to demand Rs. 42,000/- as goodwill gesture with the complainant. 

                                We have perused the record of the case and heard the counsels of both sides .

                                It is seen from the record of the case that, respondents have issued a telephone usage bill dated 21/7/14  to the extent of  Rs. 48,131.68 to the complainant. According to the bill, Rs. 2579/- is mobile internet usage and Rs. 42,440/- as roaming charges. Complainant has alleged that Rs. 42,440/- is wrongly charged because respondents had activated GPRS without his instruction.

                                 We have gone through the e-mails sent by complainant to the respondents. Activation of international roaming along with GPRS was actually started on 12^th July 2014 at 17:30 hrs when the complainant switched on his cell phone in Kathmandu . It was around  six hours after activation the  complainant received one SMS from respondents   that he  had used about 68 MB high data usage  with value of Rs. 38314/- and therefore the GPRS service had been blocked.  Complainant  sent a  mail on 13/7/14 at 2.14 pm and complained about activation of GPRS without his instruction . It means that immediately after receiving the SMS, complainant   took an action to stop the activation of GPRS.

                                 It is seen from the record that Respondents have charged huge amount on international roaming. Complainant requested respondents to activate only international roaming  for voice call purposes and respondents had activated GPRS too . In fact, it is the duty of respondents to inform detail information about international roaming to the complainant. 

                              During the course of hearing, respondents have filed their written argument and stated that considering the long association of the complainant, they have decided to not to demand Rs. 42,000/- as a  goodwill gesture with  the complainant. We appreciate respondent’s statement. Therefore, complainant should pay the disputed bill dated 21/7/14 of Rs. 48131.68 by  excluding roaming charges Rs. 42,000/-.

                            We therefore, do not find it necessary to go in to the  merits of the complaint and pass the following order.

 

                                                               ORDER

1. Complainant is directed to pay mobile internet usage excluding usage charges of roaming Rs 42,000/-  from the bill dated 21/7/14.
2.   No order as to cost.   

 

 

  (Mrs.Sandhya Barlinge)             ( Shri Kiran R Thole )                 ( Shri K.N.Tungar )                                  

                                              Member                                  Member                                       President