Chandigarh

DF-I

CC/601/2019

Dr. B B Goyal - Complainant(s)

Versus

Bharti Airtel Ltd - Opp.Party(s)

In Person

17 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/601/2019
Date  of  Institution	:	13/06/2019
Date   of   Decision	:	17/02/2020

 

 

 

 

 

Dr.B.B. Goyal S/o Sh.H.C. Goyal, R/o H.No.E-1/28, Panjab University, Sector 14, Chandigarh.

….Complainant

Vs.

 

1.   Bharti Airtel Limited, Plot No.21, 2^nd Floor, Rajeev Gandhi I.T. Park, Chandigarh (Local Office).

 

2.   Bharti Airtel Limited, Plot No.1, Nelson Mandela Road, Vasant Kunj, Phase-II, New Delhi-110070 (Registered Office).

 

3.   Bharti Airtel Limited, Unitech World Cyber Park, Sector 39, Tower-A, 4^th Floor, Gurgaon – 122001, Haryana (Head Office).

…… Opposite Parties

 

BEFORE:   SH. RATTAN SINGH THAKUR      PRESIDENT

          MRS.SURJEET KAUR             MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

ARGUED BY	:	Complainant in person.
	:	Sh. Sanjiv Pabbi, Counsel for Opposite Parties No.1 & 2.
	:	Complaint against Opposite Party No.3 dismissed vide order dated 06.09.2019.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

In brief, the Complainant was subscribed to DTH Services provided by the Opposite Parties against Consumer No.30012655189. The Complainant took annual subscription of Rs.3466/- in September 2018, which was upto 18.10.2019. However, TRAI w.e.f. 07.02.2019 changed their rules & regulations, pursuant whereof the tariff of the Plan opted by the Complainant came down from Rs.315/- per month to Rs.259.60/-. On account of this reduction in the tariff plan w.e.f. 07.02.2019, the Opposite Parties credited the unused balance of Rs.1944/- in the customer ID account of the Complainant. The Complainant has alleged that as the total usage/consumption of the amount was Rs.1054/- and after adjusting the said amount from the deposited amount of Rs.3466/-, the Opposite Parties ought to have credited an amount of Rs.2412/-, but they credited just Rs.1944/- i.e. Rs.468/- less. The Complainant accordingly, escalated the matter with the Opposite Parties, but there was no positive headway. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.

 

2.      Notice of the complaint was sent to Opposite Party seeking its version of the case.

 

3.      Per endorsement made by the Complainant, on the title of the Consumer Complaint itself, the name of Opposite Party No.3 was ordered to be deleted from the array of Opposite Parties, vide order dated 06.09.2019.

 

4.      Opposite Parties No.1 & 2 contested the Complaint and filed reply, inter alia, admitting the basic facts of the case. It has been pleaded that the Opposite Parties were bound by the terms & conditions of the TRAI and the Complainant was given the benefit of adjustment of the balance amount for unused period and Rs.1944/- was adjusted for unutilized package in the account of the Complainant. Pleading that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.

 

5.      The parties led evidence in support of their contentions.

 

6.      We have heard the Complainant in person and learned Counsel for Opposite Parties and have also perused the record.   

 

7.      It is an admitted that the Complainant had availed an annual package on payment of annual subscription of Rs.3,466/- in Sept. 2018. It is also an admitted fact that the Plan opted by the Complainant was changed by the Opposite Parties due to new TRAI Regulations and the balance amount after the implementation of the new TRAI Regulations was adjusted against the new plan.

 

8.      It is the case of the Complainant that the Opposite Parties had credited an amount of Rs.1,944/-; whereas, an amount of Rs.2,412/- should have been made by the Opposite Parties. The stand by the Opposite Parties is that they are bound by the terms and conditions of TRAI and the Complainant had been given the benefit of adjust of the balance amount for unused period and Rs.1,944/- was adjusted for unutilized package in the account of the Complainant. In support of his case, the Complainant has placed on record a detailed calculation sheet, which has not been refuted by the Opposite Parties. Hence, we are of the concerted opinion that the Opposite Parties should have credited an additional amount of Rs.468/- in the DTH account of the Complainant. Non-crediting of the aforesaid amount, therefore, amounts to deficiency in service and indulgence of the Opposite Parties into unfair trade practice, which further aggravated the pain & harassment of the Complainant.

 

9.      It is established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large.  Thus, finding a definite deficiency in service on the part of the Opposite Parties, we have no other alternative, but to allow the present complaint against the Opposite Parties.

 

10.      In the light of above observations, the present complaint succeeds against the Opposite Parties. The same is partly allowed. We direct the Opposite Parties to:-          
    1. To refund Rs.468/- to the Complainant;
    2. To pay Rs.1,000/- as compensation for deficiency in service, mental agony & harassment suffered by the complainant;
    3. To pay Rs.1,000/- as costs of litigation.

 

11.      The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @9% per annum on the amounts mentioned in sub-paras (i) & (ii) above from the date of institution of this complaint, till it is paid, apart from compliance of directions at Sr.No.(iii) above.

 

12.      The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

17^th February, 2020                           

Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

 

Sd/-

(SURJEET KAUR)

MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 

 “Dutt”