West Bengal

Bankura

CC/115/2023

Tusar Kanti Pal - Complainant(s)

Versus

Bharti Airtel Ltd - Opp.Party(s)

Jayanta Kumar Mukherjee

14 Aug 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.115/2023

         Date of Filing: 08/12/2023

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                    Ld. Member

 

For the Complainant:Ld. Advocate Jayanta Kumar Mukhopadhyay

For the O.P.: Ld. Advocate Amal Kumar Chattopadhyay

 

Complainant:

Tusar Kanti Pal,S/O-Binoy Kumar Pal,R/O-Barut West Sanabandh,P.O-Bankura,Pin-722181,Mob-9547366260

Opposite Party:

1. Bharti Airtel Ltd.,Bharti Crescent 1 Nelson Mandela Road,Vasant Kunj,Phase-II,New Delhi-110070
2. Airtel Store, Video Plaza,City Plaza,N-31,Shahid Khudiram Sarani, Durgapur,W.B-713216                                                                     

FINAL ORDER / JUDGEMENT  

Order No.09

Dated:14-08-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he had an Airtel Mobile connection with O.P. Number being 9547366260 but on 29/06/2023 when the Complainant was returning from Kamakhya Junction to Howrah via train said Mobile Phone accidentally went missing and thereafter the Complainant went to various outlet of O.P. to get a new SIM but they refused to provide the same for the reason best known to them. Ultimately the Complainant got the SIM activated to the same Mobile connection after long harassment. The Complainant has suffered a lot during this period as the Mobile Phone is linked to Aadhar Card, Bank Accounts etc. The Complainant has therefore approached this Commission for adequate compensation against the O.P.

                                                                                                                                                                           Contd…..p/2

Page: 2

O.P. contested the case by filing a written version contending inter alia that new SIM could not be issued as there was photo mismatch of the Complainant and this measure has been adopted for safety and security reasons. New SIM card has however been issued to the Complainant after necessary verification and as such there is no deficiency in service on the part of O.P.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission, and documents on both sides the Commission finds that the still photograph of the Complainant appearing in the Aadhar Card does not bear beard whereas the Complainant who was present before the Commission at the time of hearing had full grown beard with long hair and as such physical look of the face of the Complainant was found to be different from the photograph appearing in the Aadhar Card. On query at the time of hearing the Complainant explained before the Commission that he has been wearing a beard with long hair for the last two to three years and the photograph of the Complainant without beard and long hair in the Aadhar Card was of earlier days’ which is naturally different from his present look.

O.P. being a reputed service provider is duty bound to take into consideration the safety and security reasons before issuing any SIM Card and in this process it is natural for the O.P. to take time for activation of the SIM card because of the photo mismatch of the Complainant as stated above and the O.P. cannot compromise safety and security reasons at the cost of quick service to the consumer. Considering from this point of view the Commission finds no deficiency in service in dealing the issue of SIM card after proper verification of the identity of the consumer.

Hence it is ordered…….

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Order free of cost.

                                                                  

   __________________                                     ________________            

 HON’BLE   PRESIDENT                           HON’BLE    MEMBER