CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.348/2008
1. Sh. Asheesh Jain SENIOR CITIZEN
S/o Sh. Prem Kumar Jain
R/o E-914, C.R. Park,
New Delhi
2. Sh. Vishwanath Puri
S/o Late Sh. A. N. Puri
R/o B-4/69, Safdurjang Enclave,
New Delhi ……Complainants
Versus
1. Bharti Airtel Limited
Through its Chief Executive Officer
220, Udyog Vihar, Phase-II,
Gurgaon-122001
2. Bharti Airtel Limited
South Extension Part-II,
New Delhi ……Opposite Parties
Date of Institution : 02.06.08 Date of Order : 24.11.15
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Briefly stated, the case of the Complainants is that on 27.02.2008, the outgoing services to the Complainants Mobile No.9871374987 were barred on account of non-payment of a bill of Rs.909/- for the month of January, 2008. They received three SMS from OPs calling upon them to make payment of Rs.909/- for the month of January, 2008. Complainant No.2 made several attempts to telephonically inform the OPs that they had already made the payment for the month of January, 2008 by means of Cheque No.565226 dated 04.02.2008 for Rs.980/- which amount had also been credited to the account of Airtel on 06.02.2008. Complainant No.2 personally visited the branch office of OP No.2 and sought to clarify the position and also provided proof of cheque of Rs.980/- having been cleared. On 27.02.08, they sent a complaint/representation to the OPs and OPs registered a complaint No. 15737382 but no reply was received from OPs. On 28.02.2008, OPs informed that further charges of Rs.754/- in addition to the earlier payment of Rs.909/- have to be made for reactivation of the connection. They represented with the OP, since the said payment for the month of February, 2008 was to be made by 05.03.2008, the said demand was illegal, arbitrary and monopolistic. Complainant No.2 through Advocate issued a legal notice on 11.03.2008 seeking restoration of all services and also a payment of Rs.50,000/- as recompense damage and loss suffered by them but despite receipt, no reply was received till date. Without prejudice to their rights they made the payment of additional amount of Rs.683/- ( being Rs.754/- less to excess amount of Rs.71/- paid earlier) demanded by the OPs in terms of the undated bill. Complainants have stated that there is deficiency in service on the part of OPs. Hence, the Complainants have prayed as under:-
i Direct the OPs to restore all services to Mobile No.9871374987
ii. Direct the OPs to pay to the Complainants a sum of Rs.1 lakh as a recompense and damages and loss suffered by the Complainants including legal cost and cost of proceedings.
Application for dismissal of the Complainant filed on behalf of the OP No.1 was dismissed by our Predecessors vide order dated 14.05.2012.
OP No.2 in its written statement has stated that outgoing calls to mobile telephone No. 9871374987 were disconnected on 27.02.2008 on account of non-payment. The due date for January invoice was 5th February 2008 and till 5th February 2008 the payment due was not paid by the Complainant. Since they did not clear the January bill, automatic reminders were processed on their number by them but they did not receive any payment in their account from the Complainants vide cheque No.565226 in the month of February, 2008. Account number of the Complainant is 102-100998838, however they made the payment favouring account number 100998838. The account No.100998838 pertains to a landline account of some other customer of the OP and as such the payment made by the Complainant was credited in the said account. The bank statement filed by them also reveals that they wrote 100998838 on the cheque instead of 102-100998838, hence the payment could not be posted in their account. They made efforts to trace their cheque and this payment was finally posted in their account on 14th June 2008 but Rs754.44 was the outstanding for the month of February. OP has prayed for dismissal of the complaint with cost.
Complainant has filed rejoinder to the written statement of OP.
Complainant No.2 has filed his own affidavit in evidence while affidavit of Sh. Amit Bhatia, Senior Manager has been filed in evidence on behalf of OP No.1.
Parties have failed to mark exhibit numbers on the documents as per the exhibit numbers given to them in their respective affidavits. We even could not lay our hand on the copy of document Ex. OPW3/1 which is stated to be the statement of account and payment history of Complainant. We shall decide the case on the basis of documents of the Complainant alone.
Written arguments have been filed on behalf of the parties. We have heard the arguments on behalf of the parties and have also gone through the file very carefully.
The dispute in this case was regarding non payment of telephone bills for the telephone connection provided to the Complainants and for the said non payment of the bill the telephone connection was disconnected. In his affidavit Complainant No.2 has marked certificate of bank as Ex. CW1/B. Exhibit number is not marked on the document. The same is Annexure-2. The certificate is with regard to payment of Rs.980/- vide cheque No.565226 dated 04.02.2008 for A/C 102998838 or 10055048 (not clearly written) but certainly not for A/C No.102-100998838. The Complainant deposited the amount in another account No.100998838 instead of their account No. 102-100998838.
In view of the above it transpires that the Complainant by mistake while submitting the cheque mentioned his wrong A/C number and the amount was not credited in the account of OP and the OP disconnected the telephone connection of the Complainant on account of non-payment of the telephone bill. Hence, the Complainant has failed to prove the deficiency of service on the part of OPs.
In view of the above, we dismiss the complaint with no order as to costs.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 24.11.15.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
