BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 490 of 2015

Date of Institution: 10.08.2015

Date of Decision: 06.05.2016  

C.A.Nipun Khanna son of Sh.Mukesh Khanna aged 29 years, resident of Q4/ 1205, Pashmina House, Circular Road, Amritsar.          

Complainant

Versus

1. Bharti Airtel Services Limited, Plot No.3, I Kundan Plaza, Hall Bazar, Amritsar, Punjab 143001.
2. Bharti Airtel Limited, Plot No.21, Rajiv Gandhi Technology Park, Chandigarh-161101.

Opposite Parties

Complaint under section 12 of the Consumer Protection Act, 1986.

Present: For the Complainant: In person

              For the Opposite Parties: Sh.Gautam Majithia, Advocate

Coram

Sh.S.S.Panesar, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member     

Order dictated by:

Sh.S.S. Panesar, President.

1. Sh.Nipun Khanna has brought the instant complaint under section 12 of the Consumer Protection Act, 1986 on the allegations that the complainant was using the service of Bharti Airtel Limited on Postpaid plan in the name of his client Astrum Value Homes Private Limited, Corporate connection on Phone No.81466-68758 till 15.5.2015. Said number was used  by  complainant Nipun Khanna issued in the name of his client Astrum Value Homes Private Limited, since December, 2011. The complainant is a professional and practicing as a Chartered Accountant whose main contract number was 81466-68758. The complainant requested the Airtel to convert corporate number issued in the name of his client Astrum Value Homes Private Limited to his name as prepaid connection and all necessary formalities regarding transfer form/ KYC, etc. duly submitted and a payment of Rs. 25/- was made for which receipt was issued duly stamped and signed. After few days, when the number was converted into prepaid, the complainant made a call and after that his services were disconnected without any prior intimation. The complainant approached Airtel Office and he was told that his number has been discontinued allotted to some one else on account of non making of recharge, but however, no reminder either during conversion or later was given for any kind of recharge to the complainant. The complainant in deep shock took his grievance to Airtel Appellate, but the matter has not been resolved. The complainant has made request for grant of the following relief:-
   1. to direct the Opposite Parties  to apologize for al the inconvenience caused to the complainant.
   2. To direct the Opposite Parties to make up for the mistake by re-issuing the discontinued number.
   3. To pay a sum of Rs.1 lacs towards the physical strain and mental agony suffered by the complainant and his family and also towards litigation.            
2. Upon notice, Opposite Party No.2 appeared and contested the complaint by filing  written statement taking preliminary objections therein inter alia that the complainant has no cause of action to file the present complaint; that the complaint deserves to be dismissed as there is no deficiency much less deficiency of service on the part of answering Opposite Party and that the answering Opposite Party reserves its right to file such additional reply or document as may be necessary.  On merits, the facts narrated in the complaint have been specifically denied. It is denied that the services to the connection in question were barred just after  a few days of conversion to prepaid, as alleged. It is submitted that the connection in question was barred, after more than a month, as the complainant had failed to carry out the recharge of the  connection to remain in validity despite reminders. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint.
3. Opposite Party No.1 was duly served, but none appeared on its behalf, so Opposite Party No.1 was proceeded against exparte, but however, at later stage, Sh.Gautam Majithia, Advocate also appeared on behalf of Opposite Party No.1. 
4. In his bid  to prove the case, complainant made into the witness box as his own witness and filed duly sworn affidavit Ex.C-1 in support of the allegations made in the complaint and also produced copy of receipt dated 15.5.2015 Ex.C2, copy of e-mail Ex.C3 and closed the evidence.
5. On the other hand, Sh.Gautam Majithia, Advocate counsel for the Opposite Parties closed the evidence on behalf of the Opposite Parties  without leading any evidence.
6. Today i.e. on 6.5.2015 Sh.Gautam Majithia, Advocate counsel for the Opposite Parties suffered a statement  that Opposite Party is ready to re-issue mobile No. 81466-68758 subject to furnishing the residential proof, identify proof and two photographs to Opposite Party No.1.    
7. We have heard the complainant and ld.counsel for the Opposite Parties and have carefully gone through the evidence on record.
8. As a goodwill gesture on behalf of the  Opposite Parties, Sh.Gautam Majithia, Advocate has exhibited his earnestness to re-issue the mobile No.81466-68758, vide his statement dated 6.5.2016 subject to furnishing the residential proof, identify proof and two photographs to Opposite Party No.1 by the complainant. The complainant is also ready to comply with the aforesaid conditions/ formalities as required by the Opposite Parties. But however, he has made prayer for grant of compensation to the tune of Rs.1 lac on account of  physical pain and mental agony suffered by him as well as cost of litigation.  However, the compensation claimed by the complainant is very exorbitant and excessive. It has no nexus with the actual loss suffered by the complainant. While awarding compensation, the Forum will have to keep in mind that damages are not be granted to enrich  a party at the cost of the other, rather the compensation is granted to make good the loss only. There has to be a  nexus between the loss occasioned & the sum granted as compensation.
9. Consequently, the Opposite Parties  are directed to pay an amount of Rs.5,000/- as damages. Besides this, the Opposite Parties  shall re-issue mobile No.81466-68758 to the complainant, subject to furnishing the residential proof, identify proof and two photographs to Opposite Party No.1. Opposite Parties  are granted one month’s time for compliance of this order, failing which, the complainant shall be at liberty to get the order enforced through the indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated: 06.05.2016.                                             (S.S.Panesar)                                                                                                     President

                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

              Member                         Member

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