Punjab

Ludhiana

CC/19/382

Bharat Kapur - Complainant(s)

Versus

Bharti Airtel Ltd - Opp.Party(s)

compl in person

26 Feb 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 382 dated 13.08.2019.                                                        Date of decision: 26.02.2021. 

 

Bharat Kapur, 23, Sukhmani Enclave, Ludhiana-141012.                                                                                                                           ..…Complainant

                                                Versus

1.The Appellate Authority, Punjab Circle, Bharti Airtel Ltd., Plot No.21, 2^nd Floor, Chandigarh General Post Office, Rajiv Gandhi IT Park, Kishangarh, Chandigarh-160017.

2.The Manager, Bharti Airtel Ltd., BRS Nagar, Ferzoepur Road, Ludhiana-141001.                                                                                                                                                                                             …..Opposite parties 

         Complaint under Section 12 & 14 of Consumer Protection Act, 1986

QUORUM:

SH. K.K. KAREER, PRESIDENT

MS.JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. Bharat Kapur in person.

For OPs.                         :         Exparte.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                Shorn of unnecessary details, the case of the complainant is that on 13.08.2018, the complainant deposited cheque No.000005 dated 13.08.2018 drawn on Bandhan Bank Limited for a sum of Rs.648/- with Airtel Franchisee Store, Barewal Road, Ludhiana 13.08.2018 towards monthly bill of July 2018 which was due for payment on 14.08.2018. On 16.08.2018, the complainant received two messages to the effect that the payment of the bill has not been received. The complainant sent an email at 4:08 PM explaining the details regarding the payment made by cheque. Thereafter, the complainant has been receiving the messages regularly regarding non-payment with threat of disconnection in the event of non-payment of the bill. The complainant sent a registered letter dated 08.09.2018 informing the Designating Appellate Authority, Airtel Punjab Circle, Chandigarh informing that bills of Rs.766/- has been paid on 31.08.2018 along with late fee charges. The complainant has further made payment of subsequent bills of months of August & September of Rs.766/- and Rs.772/- respectively to avoid disconnection. The complainant requested the OPs that either cheque submitted by him to be returned or an undertaking may be given that cheque would not be presented for encashment. However, request of the complainant was not considered and fresh bill of Rs.1424/- was issued with a penal charges of Rs.100/- towards non-payment of bill of Rs.648/-. If the OPs had acted with duration, the complainant would not have made to pay the illegal charges of late fee amounting to Rs.300/- against the unpaid bill of Rs.648/-. The complainant wrote as many as nine registered letters to the OPs but to no avail. In this manner the complainant has been illegally charged an extra amount of Rs.300/- as late fee on payment of Rs.766/- made on 31.08.2018, Rs.772/- and Rs.1424/- made on 09.10.2018 and 12.10.2018 respectively. However, vide email communication dated 30.10.2018, the complainant was informed by the OPs that cheque was not cleared due to overwriting. In this manner, the act and conduct of the OPs has been reprehensible and also amounts to deficiency in service. The complainant has suffered humiliation due to act and conduct of the OPs and has been made to pay Rs.300/- extra as penal charges to save his disconnection. In the end, it has been requested that the OPs be made to pay Rs.4 lac to the complainant as compensation and Rs.1,50,000/- as incidental costs and Rs.50,000/- as costs of legal proceedings.

2.                Upon notice of the complaint, none appeared on behalf of the OPs despite service and were proceeded against exparte.

3.                In exparte evidence, the complainant submitted his affidavit Ex.CA along with documents Ex.C1 to Ex.C12 and closed the evidence.

4.                We have heard the complainant and have gone through the record on file very carefully.

5.                In his affidavit Ex.CA the complainant has reiterated his entire case as put forth in the complaint. The exparte evidence of the complaint has gone unrebutted on the file as the OPs did not choose to contest the claim of the complainant and were proceeded against exparte. The grievance of the complainant is that the cheque dated 13.08.2018 for a sum of Rs.648/- submitted towards the bill for the month of July 2018 was not encashed by the OPs nor the same was returned to him and subsequently he was made to pay late fee charges of Rs.100/- against the bill for the month of July 2018. Even in the subsequent bill, a penalty of Rs.100/- towards late fee was imposed for two more bills. This clearly amounts to deficiency in service on the part of the OPs. Therefore, they are bound to refund the late fee charges of Rs.300/- illegally claimed from the complainant especially when the complainant had deposited the cheque which was never presented for encashment by the OPs.

6.                As a result of above discussion, the complaint is allowed ex-parte with an order that OPs shall refund the sum of Rs.300/- along with interest @8% per annum from the date of complaint till the date of actual payment. The OPs are further held liable to pay composite costs of Rs.5000/- on account of compensation and litigation expenses. The compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

7.                File be indexed and consigned to record room.    

8.                Due to rush of work and spread of COVID-19, the case could not be decided within the statutory period.

         

                           (Jyotsna Thatai)                                             (K.K.Kareer)

                    Member                                            President

Announced in Open Commission.

Dated:26.02.2021.

Gurpreet Sharma