Chandigarh

DF-I

CC/101/2018

Gautam - Complainant(s)

Versus

Bharti Airtel Ltd., - Opp.Party(s)

In Person

28 Jan 2019

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

                                                    ========

 

                                     

Consumer Complaint No.	:	CC/101/2018
Date of Institution	:	19/02/2018
Date of Decision	:	28/01/2019

 

Gautam, R/o H.No.244, Jamna Enclave, Bishanpura, Zirakpur, Punjab – 140603.

…..Complainant

 

V E R S U S

 

Bharti Airtel Limited, Plot No.21, Second Floor, Rajiv Gandhi I.T. Park, Kishangarh, Chandigarh – 160017, through its Floor Manager.

 

…… Opposite Party

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR.S.K.SARDANA	MEMBER

                                                                       

ARGUED BY	:	Complainant in person.
	:	None for Opposite Party.

 

PER Dr.S.K.Sardana, Member

 

1.         The facts, in brief, are that the Complainant is consumer of Opposite Party having Airtel mobile connection no. 9888611983. The Complainant has alleged that for the last three months, the Opposite Party has been charging him more than his rental plan. As per the Complainant, his rental plan includes Rs.349 plus Rs.198 booster pack; whereas the Opposite Party charged rental of Rs.1199/- from him. The Complainant asserted that he had made a number of visits to the Opposite Party to redress his genuine grievance by waiving off the billing amount, but to no avail. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the instant complaint.
2.         Notice of the complaint was sent to Opposite Party seeking its version of the case.
3.         Opposite Party filed its written statement, inter alia, admitting the basic facts of the case. It has been pleaded that the Complainant is being charged as per his plan. Therefore, there is no question of any waiver of the billing amount. Pleading that there is no deficiency in service or unfair trade practice on its part, Opposite Party No.1 has prayed for dismissal of the complaint.
4.         The complainant has filed a rejoinder, wherein he has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Party.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record and heard the arguments addressed by the Complainant.
7.         On perusal of the e-mail correspondence, attached by the Complainant from Page No.5 to 10 of the paper-book, it is emphatically clear that the plan opted by the Complainant was of Rs.349/- (rental) plus Rs.198/- (booster pack); whereas, the Complainant has been charged for monthly rental of Rs.1199/- which fact is evident from the monthly bills placed on record by the Complainant from Page No.14 to 16 of the paper-book.
8.         It is important to note that despite exchanging protracted correspondence, the Opposite Party failed to redress the grievance of the Complainant, which led to filing of the present consumer Complaint. However, the Opposite Party, in its written arguments has categorically asserted that the grievance of the Complainant has already been settled and the plan was changed on the request of the Complainant. This leads to an irresistible conclusion that the Opposite Party was charging the Complainant for the plan which he did not opt for, which to our mind amounts to deficiency in service and its indulgence into unfair trade practice, which certainly has caused immense, mental and physical harassment to the complainant and forced him to get indulged in the present unwarranted, uncalled for litigation.
9.         For the reasons recorded above, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is partly allowed qua it. The Opposite Party is directed:-

[a]    To immediately issue the revised bills to Complainant as per the plan opted by him i.e. monthly charges of Rs.547/- (includes Rs.349/- rental plus Rs.198/- booster pack);

 [b]   To pay Rs.2500/- as compensation to the complainant for the unfair trade practice and harassment caused to him.

[c]    To also pay a sum of Rs.2500/- to the complainant as litigation expenses. 

 

10.         The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, Opposite Party shall be liable for an interest @9% per annum on the amounts mentioned in sub-para [b] & [c] above from the date of institution of this complaint, till these are paid, apart from compliance of the directions as in sub-para [a].
11.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
28/01/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”