BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.468 of 2018

Date of Instt. 12.11.2018

Date of Decision: 08.04.2019

Kewal Krishan aged about 40 years S/o Sh. Gopal Krishan R/o 167, Makhdoom Pura, Jalandhar.

..........Complainant

Versus

1 Bharti Airtel Ltd., Bharti crescent, 1, Nelson Mandela Road, Vasant Kunj, Phase-II, New Delhi, through its Manager/Representative/Owner/Partner/Chairman.

2. Airtel Store, Shop No.26-27, UGF & LGF, Model Town, Main Market, Next to Avtar Shoes, Jalandhar through its Manager/Representative/Owner/Partner, Chairman.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Smt. Jyotsna (Member)

Present: Sh. Amit Beri, Adv Counsel for the Complainant.

Sh. M. S. Sachdev, Adv Counsel for the OP No.1 (Defence Struck Off).

OP No.2 exparte.

Order

Karnail Singh (President)

1. This complaint has been filed by the complainant, wherein alleged that the complainant is a consumer of the OPs and OPs are providing the cellular network of the complainant with the connection bearing Cell No.98152-73316. Approximately, 15 years back the complainant purchased this connection and is regularly using the same.

2. In the year 2005, the OP No.1 launched a “Lifetime Validity Plan 999” for its existing pre-paid customers on the recharge of Rs.999/-. In this plan, an Airtel Mobile phone user will have to pay Rs.999/- for availing the scheme and after availing this plan, the user can receive incoming calls free for a life time and the validity will be extended till life time. The said scheme also offers the user full talk time on every future recharge of any denomination. In this plan, the outgoing call tariff was a bit higher than normal cell connection. The only one condition was made by the OP as per guidelines of the Telecom Regularity Authority of India i.e. one active out going call will be made within a period of every six months. As per this plan, a talk time of Rs.25/- will also be given to the user under the recharge of Rs.999/-. An internet downloaded print regarding published news of launching of plan and pamphlet of OP regarding launching of Life Time Validity Plan 999 is attached. At that time the incoming calls charges were very high, so the complainant chooses this plan and got recharged his above said cell phone number with the denomination of Rs.999/- in the end of the year 2005 and started enjoying free incoming calls and life time validity of the connection. The OPs also started giving full talk time on every recharge to the complainant. From February, 2018 the OPs stopped giving full talk time on recharged amount and started deducting money on account of processing fee, handling fee and service tax illegally and against the commitment of the plan. The complainant complained the matter to the customer care/complaint No.121, but nobody taken any action on the genuine complaint of the complainant. Few days back the OPs started sending SMS/Alerts to the complainant to stop the outgoing calls and expiration of validity of plan. It is clearly mentioned in the SMS/Alert sent by the OPs 'All Outgoing Services on Your Airtel Number Will Be expired on 25.10.2018. Recharge with any validity pack to avoid services disruption'. The complainant immediately dialed the customer complaint No.121, but nobody attended the calls of the complainant. Again after few days, the complainant got another shock when he got a new SMS/Alert sent by the OPs. In the SMS/Alert the OPs clearly mentioned that 'Kripya Dhayan Dein! Aapke Airtel Mobile Ki Sewayein Mauzooda Pack Ki Validity Tak Hi Manya Hongi. Pack Expiry Ke Baad, Sewayon Ko Jaari Rakhne Ke Liye Fir Se Recharge Karna Awashyak Hai. Call Dar Ab 2.5P/Sec Ho Gai Hai. Sasti Call Ka Anand Lene Ke Liye, Dial Kre *121*51# Aur Chune Unlimited Call + Data'. When the complainant not recharged his cell number, then in the midnight of 25.10.2018 the outgoing calls service was stopped by the OPs illegally. Then the complainant immediately visited in the office of OP No.2 to complain the matter, but nobody listen the genuine complaint of the complainant. No solution was provided by the OPs to the complainant by saying that in the month of October, 2018 the company has changed all the life time validity plans and all the users of Lifetime Validity Plan 999 can enjoy their services only after taking validity recharge from October, 2018 onwards. The complainant sent numbers of emails as Complaint-cum-Legal Notice to the OPs, but they have never provided any solution to the complaints of the complainant. The complainant faced very much trouble due to stoppage of outgoing call services of his phone. Ultimately, on 29.10.2018 the complainant sent an email to the OPs and purchased a validity recharge of Rs.399/- under protest and in the email, he clearly mentioned that he reserves his right of filing of complaint against OPs. As per information provided by the officials of OPs if the complainant will not purchase a recharge of validity, then they will also bar the incoming calls within 15 days from the barring of outgoing calls. To avoid the business and monetary loss, the complainant purchased a recharge of Rs.399/- for his cell. The complainant was literally in trouble and faced a lot of mental tension due to stoppage of outgoing calls by the OPs. The complainant faced a huge loss in 4 days when the outgoing call services were stopped. Both the OPs have illegally stopped the outgoing call services of the complainant. The OPs have no right to amend or change or pull back the existing plan. As per guidelines of TRAI telecom service provider cannot change these kinds of plans for the users who have already purchased the same. The OPs have forced its customers to get recharges for its own monetary benefit. The OPs have illegally hiked outgoing call rates of the complainant from 1.2 paisa per second to 2.5 paisa per second, as per rules and regulations telecom company cannot hike the call rates/tariffs of existing plans, they have only right to reduce the same. The guidelines on the Lifetime Validity Plans issued by the TRAI are attached. As per information provided by the officials of OP No.2, the OPs will again stop the outgoing and incoming calls of the complainant if he will not buy any validity plan for his number in future. The OP indulged in this unfair trade practices and mal-practices. Both the OPs are using pressure tactics to get money from the users for their recharges illegally and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to restore all the benefits as per the commitment of LifeTime Validity Plan 999/- and further OPs be directed to reimburse the amount of Rs.399/- paid by the complainant for validity recharge of his cell connection and further OPs be directed to pay compensation for causing mental tension and harassment to the complainant, to the tune of Rs.80,000/- and litigation expenses of Rs.15,000/-.

3. Notice of the complaint was given to the OPs, but despite service OP No.2 did not come present and ultimately, OP No.2 was proceeded against exparte. OP No.1 appeared through its counsel Sh. M. S. Sachdev, Adv, who filed Power of Attorney and got date for filing Written Statement, but miserable failed to file the Written Statement within a stipulated period and ultimately, the defence of the OP No.1 was Struck Off.

4. In order to prove the exparte claim of the complainant, the complainant produced on the file some documents i.e. his own affidavit and documents along with the complaint.

5. We have heard the argument from learned counsel for the complainant as well as counsel for the OP No.1 and also gone through the case file very minutely.

6. Admittedly, the complainant is running cell number 98152-73316 and further the factum in regard to getting life time validity plan 999/-, is not denied by the OPs and as such, it is also admitted that the complainant got the said life time validity plan 999/- after making a payment of consideration of Rs.999/- and further alleged that not the OP also started giving full talktime on every recharge to the complainant, but in the month of February, 2018 the OP stopped giving full talktime on recharged amount and started deducting money on account of processing fee, handling fee and service tax illegally and against the commitment of the plan and further OPs hiked the outgoing call rates of the complainant from 1.2 paisa per second to 2.5 paisa per second and even the outgoing calls of the complainant was stopped and ultimately, the complainant purchased a validity recharge of Rs.399/- under protest and further alleged that the complainant was literally in trouble and faced a lot of mental tension due to stoppage of outgoing calls by the OPs.

7. The entire case of the complainant is hing around the pamphlet of lifetime validity plan, the same is produced on the file by the complainant Ex.C-1, this document is core of the heart to reach the real issue in dispute and accordingly, we have gone through the said pamphlet lifetime validity plan from Airtel Ex.C-1. The said plan known as 'Country's First Lifetime Validity Pre-Paid Package' and further reported in the said pamphlet “a pre-paid user can continue to receive incoming calls for life time after a single recharge, as against the current system of restricted validity, based on the recharge package”, and further reported in the said pamphlet “An Airtel mobile user will have to pay Rs.999/- for availing the new scheme, following which the user can receive incoming calls free for a lifetime, this scheme also offers the user full talk time on every future recharge of any denomination. Bharti has also thrown the scheme open to all its existing pre-paid subscribers”.

8. Except the above features of the said life time validity plan, there is no other feature mentioned therein and as such, we revert back to the claim of the complainant as mentioned in the complaint in Para No.5 that he received a SMS/Alert message and copy of the same is also available on the file Ex.C-7 and C-8, wherein the message is 'Call ended', but further there are some email messages available on the file Ex.C-4 to Ex.C-6 and from these email messages, it construe that an alert message was sent to the complainant i.e. outgoing call will be stopped if he failed to get recharge. Similarly, in the email message Ex.C-11, the matter is relating to outgoing call and the complainant also repeatedly mentioned in the complaint in Para No.7 and 8 that his outgoing call was stopped and he was forced to deposit sum of Rs.399/- for getting validity recharge. It is clearly established that the complainant is alleging that his outgoing call service had been stopped by the OP illegally, but outgoing call facility is not covered under the lifetime validity plan because in that plan, only incoming call for a life time has been given. So, with these observations, we are of the opinion that the claim demanded by the complainant qua lifetime validity for outgoing call and raising of the tariff rate are not covered, therefore, complainant is not entitled for the relief as claimed in the complaint and moreover, we do not find any deficiency in service on the part of the OPs.

9. However, in the interest of justice, the complainant come in the Forum, might have some problem and accordingly, the complaint of the complainant qua giving a direction to the OP not to stop incoming call of the complainant, which is provided under the lifetime validity plan and further also provide the facility of full talk time on every feature recharge of any denomination and accordingly the complaint of the complainant is partly accepted, qua the other relief, the complaint of the complainant is dismissed. OPs are directed to comply the above direction in letter and spirit. This complaint could not be decided within stipulated time frame due to rush of work.

10. 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 Jyotsna Karnail Singh

08.04.2019 Member President