BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.65 of 2016
Date of Instt. 03.02.2016
Date of Decision: 06.12.2017
Sanjiv Kumar age 58 years son of Sh. Moti Ram Sharma, resident of House No.326, Mota Singh Nagar, Jalandhar.
..........Complainant
Versus
1. Bharti Airtel Ltd. (Airtel Mobile Service), Near Jyoti Chowk, Jalandhar through its Branch Manager.
Bharti Airtel Ltd. Plot No.21, Rajiv Gandhi Technology Park, Chandigarh-160101, through its Nodal Officer.
Bharti Airtel Ltd. (Airtel Mobile Service), New Jawahar Nagar Market, Jalandhar through its Regional Officer.
..….…Opposite parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Sh. Parminder Sharma (Member)
Present: Sh. Anuj Mehta, Adv Counsel for the complainant.
Sh. MS Sachdev, Adv Counsel for the OP No.1 and 2.
OP No.3 exparte.
Order
Karnail Singh (President)
1. The instant complaint is filed by the complainant, wherein alleged that the OPs advertised in the Indian Market that their services are the best among all the others service providers in their field and OPs are providing best services to their clients and accordingly, got a mobile connection from OPs about ten years back and since then he has been using the said connection having mobile connection No.97798-95959. Few months back, the complainant obtained 3G internet service of OPs and in the month of October, 2015, he had received a message regarding payment of monthly bill of Rs.964/- regarding usage for the month of September, 2015 and the same was deposited by the complainant in their office through cheque but after few days, the connection of the complainant had been disconnected by their office without any intimation, as such, the complainant at that time made a complaint in their office and the same was again activated after few days.
2. That thereafter, again in the month of November, 2015, the complainant received a message regarding outstanding amount of Rs.964/- for the usage regarding the month of October, 2015 and the complainant deposited the said amount through cheque drawn on Punjab National Bank in their office on 07.11.2015 and the same was duly encashed on 12.11.2015. Even after the receipt of the said payment, the OPs without any intimation again disconnected the mobile connection of the complainant on 16.11.2015. The complainant aggrieved by their act and conduct made a complaint at their toll free number as well as personally visited the office of OP No.1 and with their efforts, the said connection of the complainant got activated but after two days, the same was again disconnected by the OPs. The complainant again made a complaint regarding the same on 24.11.2015, vide complaint No.66295201 and also personally visited the office of OP No.1 and obtained token No.TO16 dated 24.11.2015 and again visited on 02.12.2015 having token No.TO15 in morning and token No.TO119 in evening, where the staff officials Miss Neha having Mobile No.70870-80460, Miss Kanika and Miss Rachna attended the complainant and assured him to activate the connection and also gave ID No.1857875 and the connection of the complainant was re-activated on 03.12.2015, but again the same was disconnected on 05.12.2015. The complainant again approached the office of OP No.1, where he met with Mr. Shobit, Incharge of the office, who assured the complainant regarding solving of the problem of the complainant and requested the complainant to pay the next bill of Rs.964/- and the complainant deposited the said amount through cheque bearing No.972870 dated 07.12.2015, but even after receiving the same, the connection of the complainant has not been restored or activated till date and as such, the complainant has suffered a huge loss due to their act and conduct and whereby the complainant was harassed and valuable time of the complainant was wasted due to unfair trade practice and deficiency in service on the part of the OPs and as such, the instant complaint filed with the prayer that the complaint of the complainant may be allowed with cost and compensation, to the tune of Rs.50,000/-.
3. Notice of the complaint was given to the OPs, but despite service OP No.3 did not come present and ultimately, OP No.3 was proceeded against exparte, whereas OP No.1 and 2 appeared and filed reply and contested the complaint by taking preliminary objections that the complaint is frivolous and vexatious and is fit to be dismissed under Section 26 of 'The Consumer Protection Act' and further alleged that the complainant is not entitled to any compensation, whatsoever. In any event, the compensation claimed by the complainant is excessive and deserves to be dismissed and even no cause of action has arisen for the complainant to file the present complaint and hence, the complaint deserves to be dismissed and even there is no deficiency in service on the part of the OP and further averred that the complicated and complex question of fact involved in this complaint, which requires elaborated evidence, which can be decided only by the Civil Court and not by the Consumer Forum. On merits, it is submitted that as per record the complainant has not paid his bills for the month of August, September and October 2015 with respect to connection No.97798-95959 and he is due to payment of a total outstanding amount of Rs.1918.74/- for the months of November 2015, December 2015 and January 2016, which the customer has not paid to the OPs yet. The complainant has paid a total amount of Rs.2491/- since August, 2015 i.e. since he obtained the connection and as per the statement of account, there is a balance of Rs.1918.74/-, which is yet to be paid by him to the OPs and further submitted that the connection of the complainant was barred on 04.12.2015 and resumed on 04.12.2015, again barred on 08.12.2015 and resumed on 12.12.2015. The complainant's connection was never barred on 16.11.2015 and the other averments as made in the complaint are categorically denied and lastly prayed that the complaint of the complainant is without merits and the same may be dismissed.
4. In order to prove the case of the complainant, the counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex.C1 Copy of Bank Passbook, Ex.C2 Copy of Legal Notice, Ex.C3 to Ex.C5 Postal Receipts and closed the evidence of the complainant.
5. Similarly, counsel for the OP No.1 and 2 tendered into evidence affidavit Ex.OPA and document Ex.OP-1 i.e. Statement of Accounts showing arrears and closed the evidence of the OP No.1 and 2.
6. We have heard the learned counsel for the respective parties and also gone through the case file very minutely.
7. In nutshell, the case of the complainant is only that he has obtained a mobile connection number 97798-95959 from the OP and in the month of October, 2015, he received a message for payment of monthly bill of Rs.964/- regarding using the mobile for the month of September, 2015 and the same was deposited. Similarly, a bill of Rs.964/- was deposited by the complainant in the month of November, vide cheque, which was encashed on 12.11.2015, but despite that the mobile connection of the complainant was disconnected repeatedly and ultimately, the complainant deposited the last bill of Rs.964/- on 07.12.2015, vide cheque No.972870, but despite that depositing, the mobile connection of the complainant was not restored or activated till date and alleged that there is a deficiency in service on the part of the OP.
8. On the other hand, the plea taken by the OP is that there is an arrear of bill for the month of August, September and October, 2015 and further, there is arrear of November 2015, December 2015 and January, 2016 and still as per statement of account, there is balance of Rs.1918.74/- against the complainant and to prove this fact, the OP has brought on the file copy of statement of account Ex.OP-1, showing net amount payable i.e. Rs.1918.59/- towards the complainant, but this statement of account is controverted by the complainant by bringing on the file copy of statement of account of the bank Ex.C-1, which shows that the complainant paid a bill, vide cheque No.751072 and 751073 on 19.10.2015 amounting to Rs.500/- and Rs.1880/-, then complainant again paid a mobile connection bill of Rs.964/-, vide cheque No.751080 on 12.11.2015. Further, the complainant paid a mobile connection bill on 18.11.2015, vide cheques, amounting to Rs.1880/- and Rs.567/- and then again paid an amount of Rs.964/-, on 10.12.2015, the aforesaid payments have been made by the complainant through cheques, which are duly depicted in the statement account of the bank, which is obviously showing a true and correct picture, so, it means that the complainant has paid the mobile connection charges upto December, 2015, but connection of the complainant was disconnected prior to 07.12.2015, which has not been restored despite payment of last amount of Rs.964/-, vide cheque No.972870 dated 07.12.2015. So, it is clear cut deficiency in service on the part of the OPs and therefore, the complainant is entitled for the relief claimed and accordingly, the complaint of the complainant is partly accepted and all the OPs are directed to restore the mobile connection of the complainant and thereafter, demanded the charges/arrears, if any due of the month of January or December and further, OP has not provided proper services to the complainant, therefore, OPs are liable to pay compensation to the complainant, to the tune of Rs.10,000/-. The entire compliance be made within one month from the date of receipt of the copy of order. The complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Parminder Sharma Karnail Singh
06.12.2017 Member President
