Date of Filing: 13.11.2018
Date of Order: 01.03.2021
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION – I, HYDERABAD
P r e s e n t
HON’BLE Smt. P. Kasthuri B.Com, L.L.M,, PRESIDENT
HON’BLE Shri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER
On this the Monday the 1st day, of March 2021
C.C.No. 440 /2018
Between
S.Q. Masood, S/o Syed Sadruddin Late
Aged about 35 years, R/o. H.No. # 19-2-21/23/39,
Bashrarath Nagar, Macca Colony, Hyderabad – 500053.
….Complainant
And
Bharthi Airtel Ltd. Rep by the Manager,
4th Floor, Splendid Towers, Begumept,
Hyderabad - 500016
….Opposite Party
Counsel for the Complainant : PIP
Counsel for the Opposite party : M/s Gopi Rajesh
O R D E R
(By Shri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER on behalf of the bench)
1. The above complaint has been instituted U/s 12 of Consumer Protection Act 1986 by the complainant before this District Commission praying it to direct the opposite party to pay to the complainant a compensation for Rs. 1,00,000/- for the negative impact on his profession, losing important project worth of Rs.2.0 lakhs by reason of its failure to resolve the network issues, faced by him, from time to time.
2. Brief facts of the case relevant for disposal of the complaint are that the complainant holds a mobile with Sim number 9030557002 having its probability to the opposite party, faced problems several times relating to the network issues, which were stated to have not been resolved by the opposite party, despite lodging complaints, owing to which he could not make or receive any call many times, thereby, the complainant states that he sustained negative impact on his profession, lost important project worth of Rs.2.0 lakhs, mental agony etc…
To resolve the said network issues, he states that he lodged complaints to the opposite party on 18.06.2017, on 06.06.2018; and for the complaint on 14.06.2018, the complainant received an SMS from the opposite party, the content of it is: “ You were facing a temporary issue and necessary action has been taken to resolve the same. We hope you are able to enjoy Airtel services now” When again the complaint was made on 06.06.2018 he got a reply from the opposite party as “We (Airtel) are continually working to improve and enhance our network. To implement this, a site up-gradation has been taken into consideration at this location and we will keep you posted on the progress”. As the opposite party is stated to have failed to resolve the network issues properly despite lodging complaints and as such the complainants filed the instant complaint before this Commission with a prayer, as stated supra.
3. The opposite party has not filed written version.
4. During the course of enquiry, the complainant has appeared in person, not filed any evidence affidavit but marked the documents filed by him as Ex.A1 to Ex.A4. The opposite party has filed written arguments and made oral submissions. The complainant has made only oral submissions.
5. Heard the complainant in person and the learned counsel appeared for the opposite party. Perused the material brought on record. For arrival of just and proper conclusion, the following points have emerged for consideration.
5.i) Whether the complainant has proved the failure on the part of the opposite party in resolving the net-work issues against the complaints filed by him. ?
5.ii) Whether the complainant is entitled to any relief as claimed for.?
5.iii) if so what extent.?
5.1. Ex.A1 is the mail sent by the opposite party which establishes that the network provided by them was being expanded on the complaint of the complainant, which was registered as No. SR77048100 and updated when received by the complainant from them on 22.06.2017. Ex.A2 evidences that the matter of complaint would be taken on priority and assistance to that effect would be provided. Ex.A3 clarifies that the opposite party registered a service request with reference to No. 85743332 so as to ensure that coverage at the location where the complainant using his mobile with SIM no. 9030557002 would be thoroughly inspected and with all available updates would be sent to him at the earliest and appreciated the complainant’s patience. Ex.A4 is the message of SMS sent by the opposite party to the complainant regarding resolution of the network issues enabling the complainant to enjoy the services provided by them to the complainant’s above mobile.
The quality of services provided, from time to time by the opposite party to the complainant’s above mobile depends on various factors which appears to be beyond the control of the opposite party, some times, notwithstanding effective, efficient relentless efforts of the opposite party continuously. Ex.A3 & Ex.A4 corraborate the steps taken by opposite party from time to time, in resolving the issues brought to their notice by the complainant. The action taken by the opposite party from time to time, shows that there is no negligence on its part. Added to this, complainant stated in his complaint that he lodged complaint by stating ‘again’ connotes the meaning of resolution of the network issues by the opposite party, prior to the subsequent complainant.
The citation submitted by the opposite party “ STAR INDIA(P) LTD Vs SOCIETY OF CATALYSTS & ANR” deals with charges imposed by the o.p. as such has no relevance to the facts of the present case, which deals with providence of deficient services, as such this Commission has jurisdiction to entertain the instant complaint.. In regard to sustenance of losing project worth of Rs.2.0 lakhs it has no direct nexus with the services in this regard. provided by the opposite party,
5.2) In view of our above discussion ,we have come to the conclusion that this complaint deserves to be dismissed.
5.3) In the result , the complaint is dismissed with no order as to costs.
Dictated to steno, transcribed and typed by him, pronounced by us on this the 1st day of March, 2021.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 - Copy of Gmail complaint dt. 18.06.2017
Ex.A2 – Copy of Complaint to Bharati Airtel India’s tweeter account dt.
10.05.2018
Ex.A3 – Copy of SMS received from Bharathi Airtel India dt. 06.06.2018.
Ex.A4 - Copy of SMS received from Airtel
Exhibits filed on behalf of the Opposite party :
Nil.
MEMBER PRESIDENT
