Haryana

Karnal

CC/543/2023

Balvinder Singh - Complainant(s)

Versus

Bharti Airtel - Opp.Party(s)

10 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 543 of 2023

                                                        Date of instt.29.09.2023

                                                        Date of Decision:10.11.2023

 

Balvinder Singh son of Shri Singh Ram, resident of Ashok Vihar Colony, Kambopura, Part-II, Madhuban, District Karnal. Aadhar no.8095 4316 7299.

                                               …….Complainant.

                                              Versus

 

1. Bharti Airtel, office Address: near Ambedkar Chowk, Karnal, through its Store Manager.

 

2. Manmohan Juneja, Employee Bharti Airtel, office Address: near Ambedkar Chowk, Karnal.

 

3. Kirti, Employee Bharti Airtel, office Address: near Ambedkar Chowk, Karnal.

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Shri Vineet Kaushik……Member

              Dr. Suman Singh…..Member

                   

Argued by: Complainant in person.

                   OPs exparte, vide order dated 11.10.2023.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that about 15 years ago, complainant had purchased a prepaid Sim Card bearing mobile no.98960-50639 from the OPs and since after the purchase of aforesaid prepaid sim card, the complainant was using said sim card regularly in his social, professional and domestic life and was getting recharged the said prepaid sim card from time to time and the complainant had got last recharge on 08.09.2023 of Rs.299/-. It is very strange on the part of the complainant that on 09.09.2023, the said card of complainant was deactivated by the OPs without giving any prior intimation to the complainant. Complainant is Advocate by profession and also remained active in social and political affairs, so due to disconnection of said prepaid sim card there were probable chances of huge financial and other losses to the complainant day by day. So the complainant on 09.09.2023 with immediate effect had approached to the office of OPs and requested them to activate the aforesaid prepaid sim card, on this the official of the OPs sought some documents from the complainant likes as copy of aadhar card, passport size photo, bank passbook, old driving licence, affidavit etc. required for verification process, which were duly supplied by the complainant to the company of the OPs without any delay, but even then from 09.09.2023 till the filing of the present complaint on 29.09.2023, the OPs have failed to activate the prepaid sim card of complainant. It is further averred that during the alleged verification process of the company, complainant visited the office of OPs 8-9 times only in 15 days but OPs have failed to activate the sim card of complainant and lastly on 27.09.2023, OPs have flatly refused to do anything in this matter and OP no.2 has also insulted and misbehaved with the complainant by using the rude and aggressive language. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs did not appear despite service and opted to be proceeded against exparte, vide order dated 11.10.2023 of the Commission.

3.             Complainant has tendered into evidence his affidavit Ex.CW1, copy of receipt of Rs.299/-regarding recharge  Ex.C1, copy of affidavit of complainant Ex.C2, copy of aadhar card of complainant Ex.C3, copy of driving licence of complainant Ex.C4, copy of bank passbook Ex.C5, copy of summary of account Ex.C6, photocopy of the prepaid startup kit contain Ex.C7 to Ex.C10, copy of affidavit of complainant Ex.C11 and closed the evidence on 27.10.2023 by suffering separate statement.

4.             We have heard the complainant and have gone through the record available on the file carefully.

5.             Complainant, while reiterating the contents of complaint and submitted that about 15 years ago, complainant had purchased a prepaid Sim Card bearing mobile no.98960-50639 from the OPs and since the day of purchase of said sim card, the complainant was using the same regularly. The complainant had got last recharge on 08.09.2023 of Rs.299/- but on the very next day i.e. on 09.09.2023, the said card of complainant was deactivated by the OPs without giving any prior intimation to the complainant. Complainant visitied the office of OPs and requested them to activate the aforesaid prepaid sim card, on this the official of the OPs sought some documents from the complainant likes as copy of aadhar card, passport size photo, bank passbook, old driving licence, affidavit etc. required for verification process, which were duly supplied by the complainant to the company of the OPs but till date the OPs have failed to activate the said sim card and lastly on 27.09.2023, OPs have flatly refused to do anything in this matter and OP no.2 has also insulted and misbehaved with the complainant and lastly prayed for allowing the complaint.

6.             To prove his version, complainant has placed on file, copy of receipt of Rs.299/-regarding recharge Ex.C1, copy of affidavit of complainant Ex.C2, copy of aadhar card of complainant Ex.C3, copy of driving licence of complainant Ex.C4, copy of bank passbook Ex.C5, copy of summary of account Ex.C6, photocopy of the prepaid startup kit contain Ex.C7 to Ex.C10, copy of affidavit of complainant Ex.C11. It is proved from all the documents, complainant was user of abovesaid sim card since long and recharge the said sim card time to time. It is also evident from receipt of Rs.299/-regarding recharge Ex.C1, complainant lastly recharge the sim card on 08.09.2023 of Rs.299/-. Complainant has alleged that the said sim card was deactivated by the OPs on 09.09. 2023, without giving any prior intimation to the complainant.To rebut the evidence produced by the complainant, OPs did not appear and opted to be proceeded against exparte. Hence, the evidence produced by the complainant goes unchallenged and unrebutted and there is no reason to disbelieve the same. It was  the duty of the OPs after completing formalities by the complainant as sought by them,  activate the sim card in question but they did not do so. Hence, the act of the OPs amounts to deficiency in service and unfair trade practice. 

7.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to issue an activate sim card of mobile no.9896050639 to the complainant. We further direct the OPs to pay Rs.5,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated: 10.11.2023.        

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Suman Singh)

                     Member                        Member