BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.241 of 2020
Date of Instt. 18.08.2020
Date of Decision: 21.07.2023
Rajat Chopra S/o Sh. Pawan Chopra R/o NB266 Lakshmi Pura, Jalandhar Age 31 years.
..........Complainant
Versus
1. Can and able Communication, Jyoti Chonk, Jalandhar.
2. Airtel Center, Plot No.16, 6th Floor, Udyog Vihar, PH-4, Gurgaon-122001, Haryana, India through its Manager/Representative/Owner/Partner.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Complainant in Person.
OP No.1 withdrawn.
OP No.2 exparte.
Order
Jaswant Singh Dhillon (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that on 15 September, 2019 complainant received a call from the executive of OP and he offered a plan and complainant made a recharge of Rs.3300/- for infinity package at monthly rent of Rs. 201/-. Even after receiving the consideration the complainant was not able to use the services as it is showing a message that the account is suspended due to low balance and while checking the account status it is showing that account is having 0 balance. Regarding this a complaint was registered with the Airtel, but no fruitful resolution was given by the OP. Then complainant wrote a mail to the OP for the status of the account then in the mail they acknowledged that current balance is Rs.2347/- as on 12 October 2019 and validity is till 13 December. It is worthwhile to mention here that the complainant is not able to use the services even after the payment rather everyday balance from the account is getting deducted on daily basis. The OP indulged in unfair trade practices and mal-practices as OP not providing services to its customers rather harassing its customers by taking a hefty amount in advance by its customers and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund Rs.3300/- and compensation of Rs.1,00,000/- for causing mental tension and harassment to the complainant and Rs.15,000/- as travel and legal fees alongwith interest and further be directed to OP for discontinuation of unfair trade practice and also be directed to litigation expenses.
2. Notice of the complaint was sent to the OPs, but counsel for the complainant withdrawn the complaint against OP No.1, vide his separate statement and notice sent to OP No.2 not received back despite elapsing of 30 days and ultimately OP No.2 also proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant produced his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. The case is that the complainant is consumer of OP product with the connection ID 3020426675002 of the DTH. It is stated that on 15 September, 2019 on the request of the OP, complainant made a recharge of Rs.3300/- for infinity package at monthly rent of Rs.201/-, but after paying the consideration, complainant was not able to use the services and a message was showing that account is suspended due to low balance. While checking the account status, it was showing balance zero. Photo of the same is shown as Ex.C-1 to Ex.C-3. The complaint was registered with Airtel, but no solution came out, then complainant sent an email to OP and in reply, they acknowledged that account balance is Rs.2347/- as on October 12, 2019 and validity is till 13 December, 2019, but the complainant was not able to use the service, whereas his balance was continuous getting deducted every day.
6. The counsel for the complainant had withdrawn the complaint against OP No.1 and OP No.2 was proceeded against exparte. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-4.
7. So, it is clear cut deficiency in service on the part of the OP No.2 and the complaint of the complainant is partly allowed and OP No.2 is directed to refund the complainant’s amount Rs.3300/- with interest @ 6% per annum till the date of realization and further directed to pay a compensation alongwith litigation expenses of Rs.5000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
21.07.2023 Member Member President
