Punjab

Ludhiana

CC/16/724

Satpal Batta - Complainant(s)

Versus

Bhartiya Cresent - Opp.Party(s)

Balraj Singh Adv

03 Jan 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

                                                          Complaint No:  724 of 04.10.2016.                                                            Date of Decision: 03.01.2017.

 

Satpal Batta son of Sh. Mulakh Raj Batta, R/o. H. No.3507, St. No.2, Gobind Nagar, Ghai Market, Mundian Kalan,  Ludhiana                                                                                                                     ..… Complainant

                                                Versus

1. Bhartiya Cresent-I, Head Office, Nelson Mandela Road, Basant Kunj, Phase-II, New Delhi.
2. Bharti Airtel Ltd., Plot No.21, Rajiv Gandhi Technology Park, Chandigarh, through its authorized signatory.
3. Bharti Airtel Ltd., G-454, Opposite Verka Milk Plant, Ferozepur Road, Ludhiana, through its authorized signatory.
4. Bharti Airtel Ltd., Authorized Office, R.K. Road, industrial Area-A, Ludhiana.
2.  

396, R.K. Road, Cheema Chowk, Industrial-A, Ludhiana.

…..Opposite parties 

                                      Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:

SH. G.K. DHIR, PRESIDENT

SH. PARAM JIT SINGH BEWLI, MEMBER

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. Balraj Singh, Advocate

For Ops                         :         Exparte.

ORDER

PER G.K. Dhir, PRESIDENT

1.                Complaint under Section 12 of the Consumer Protection Act (hereinafter referred as Act) filed by complainant by pleading that he availed post paid Airtel connection bearing mobile No.98150-33081 from OP1 through its authorized office i.e. OP4. OP1 is the head office and OP2 is circle office, whereas OP3 is regional office. Complainant has been using the said mobile by paying bills regularly. However, on 08.06.2016 suddenly the working of said mobile stopped on which complainant approached OP4 on 09.06.2016 and came to know from OP4 as if complaint has been forwarded to head office. Complainant was called upon to submit document regarding I.D. for verification of mobile number, which he submitted on 10.06.2016 and thereafter, OP4 issued a new sim to complainant on 10.06.2016 after charging an amount of Rs.250/-. Complainant was assured that services on the mobile will start within 24 hours, but despite that services have not been started. Again complainant approached OP4 and got same assurance qua restoration/start of the services within 24 hours, but despite that those services not provided. On 12.06.2016, again complainant visited office of Ops, but satisfactory reply was not received. On 16.06.2016, again complainant visited office of OP4 with same complaint, but was astonished to hear the reply that services of mobile phone have been stopped permanently, due to which complainant should purchase new number and should seek refund of the security of Rs.250/- received against new sim. Complainant has been in touch with all clients, departments, relatives and friends  through mobile number  in question and refusal with respect to restoration and restart of the services on mobile in question alleged to be an act of deficiency in service on the part of Ops. Legal notice dated 22.06.2016 was got served through counsel, but reply of the same not received and as such, by claiming that complainant has suffered mental tension, agony and harassment, prayer made for directing Ops to restore/restart the services of incoming and outgoing calls on above mobile phone. Even prayer made for directing Ops to make payment of Rs.5,00,000/- for mental tension, agony, harassment and financial loss suffered by omplainant.

2.                All the Ops are exparte in this case.

3.                The complainant to prove his case, tendered in evidence his affidavit Ex. CA along with documents Ex.C1 to Ex. C31 and thereafter, counsel for complainant closed evidence.

4.                Written arguments not submitted, but oral arguments alone addressed and record gone through minutely.

5.                Perusal of collection receipt Ex. C11, Ex.C12, Ex. C15, Ex. C19, Ex. C22 and Ex. C24 reveals that different amounts were used to be received from complainant by Airtel regarding connection of mobile number 98150-33081 since from 28.02.2007 to 31.08.2011. So this documentary evidence available on record certainly establishes that complainant had been the consumer of Airtel with respect to above said mobile connection.

6.                Bills Ex. C7 to Ex. C10, Ex. C13, Ex. C16, Ex. C18, Ex. C20, Ex. C23, Ex. C25 are produced on record to show that the bill even has been issued with respect to above said mobile phone in question since from 27.02.2007 of different amounts mentioned in these bills. Bill Ex. C7 is pertaining to charging of amount of Rs.904.61 for period from 11.04.2016 to 10.05.2016, whereas bill Ex. C8 of amount of Rs.852.59 pertains to the billing period from 11.05.2016 to 11.06.2016 and Ex. C9 bears the date of bill as 12.06.2016. Ex.C10 is the bill of amount of Rs.575/- for period from 11.06.2016 to 17.06.2016. In view of all this, it is obvious that bills up to 17.06.2016 have been regularly issued for charging the billing amounts from the complainant. If through Ex. C10 charges for billing period from 11.06.2016 to 17.06.2016 claimed, then act of disconnecting the connection on 08.06.2016 is an act of unfair trade practice and also deficiency in service on the part of Ops.  Complainant approached OP4 on 09.06.2016, 10.06.2016, 16.06.2016 and even sent legal notice Ex. C1 dated 22.06.2016 through postal receipt Ex. C2 to Ex. C5, but despite that response from Ops not got by complainant and that is why he filed complaint. So the complainant despite repeated visits failed to get due relief from Ops despite the fact that he by acting upon the advice of OP4 deposited activation charges of Rs.250/- through cash memo Ex. C6.

7.                 Certificates Ex. C26 to Ex. C31 shows as if complainant is legal advisor of some of the firms pertaining to their work of ESIC and Provident Fund etc. The mobile phone in question stood disconnected without any notice to complainant and as such, certainly complainant lost contact with his clients, friends and relatives and that too must have caused sufferings and harassment as well as financial loss to the complainant. Quantum of that loss not mentioned, but by keeping in view the fact that complainant due to being in a position to earn so much, has  capacity to get new mobile connection, it is fit and appropriate to award compensation for mental harassment of Rs.5,000/-. As complainant after serving legal notice filed this complaint and as such, litigation expenses  of Rs.3,000/- more needs to be allowed in favour of complainant along with direction to Ops to restore/restart the services of the mobile phone in question bearing No.98150-33081, provided of course the complainant will pay the bills regularly. 

8.                As a sequel of above discussion, complaint allowed in terms that OPs will restore/restart the service of  incoming and outgoing of mobile phone no.98150-33081 within 30 days from the date of receipt of copy of order. Complainant will continue to pay the bills regularly for the availed services of this connection. Compensation for mental harassment and agony of Rs.5,000/- (Rupees Five Thousand only) and litigation expenses of Rs.3,000/- (Rupees Three Thousand only) more allowed in favour of complainant and against all Ops, whose liability for paying these amounts held as joint and several. Payment of these amounts of compensation and litigation expenses be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

                                       (Param Jit Singh Bewli)                    (G.K. Dhir)

                                       Member                                            President

Announced in Open Forum.

Dated:03.01.2017.

Gobind Ram.