1.                     The brief facts of the case of the complainant are that he is a subscriber to Bharati Airtel Ltd. vide SIM No.9777677987 and at initial stage he had to recharge Rs.174/- for getting 1 GB internet data for 28 days which rate was at later stage enhanced to Rs.226/- and thereafter to Rs.246/-.  It is submitted that on 23.1.2017 the complainant could know from one of the Airtel customers that the said customer has 4 GB data at Rs.94/- for 28 days and hence the complainant on 23.1.2017 sent 2 SMS for porting himself from Airtel.  As no reply came, on 25.1.2017 he informed the OP to offer him 4 GB data for Rs.94/- for 28 days as offered to other customers or supply Port Code to jump to other services.  The OP on the same day replied that the grievance of the complainant has been placed before the higher authorities and Port Code could not be sent as it was not generated.  As the OP did not respond, the complainant sent another email to OP on 05.02.2017 with same grievance and the OP vide its email replied that no such offer of Rs.94/- (benefit 1.4 GB) data for 28 days) is available.  According to the complainant, the OP is quoting 1.4 GB wrongly in the email instead of 4 GB and exploiting the complainant since long.  Thus alleging unfair trade practice and deficiency in service on the part of the OP, he filed this case praying the Forum to direct the OP to offer minimum 4 GB data @ Rs.94/- for 28 days or any other best offers and alternatively the OP be directed to supply Port Code and to pay Rs.50, 000/- towards compensation besides Rs.1000/- per day for withholding Port Code.

2.                     The OP in spite of valid notice neither filed counter nor participated in the proceeding in any manner.  As the OP remained ex-parte, we heard from the complainant and perused the materials available on record for orders on merit.

3.                     In this case SIM No.9777677987 allotted to the complainant by the OP is an admitted fact as ascertained from the correspondences made by the parties available on record.  The complainant stated that he was using internet on the said SIM by charging Rs.174/- initially getting 1 GB data for 28 days and now the cost of 1 GB internet data for 28 days has reached to Rs.246/- and the complainant is availing the same on compulsion.  The case of the complainant is that on 23.1.2017 he could know that one customer of Airtel charged Rs.94/- towards net package and he was offered 4 GB data for 28 days.

4.                     The complainant on 23.1.2017 has sent two SMS to 1900 for porting himself from Airtel and for not getting any reply the complainant again on 25.1.2017 sent another message to OP requesting offer of 4 GB data for Rs.94/- for 28 days.  On the same day, the OP replied that different packages are being offered to different customers and Port Code could not be sent as it was not generated.  The complainant has sent another email on 05.2.2017 requesting the OP either to offer the said package or to give Port Code and the OP through its email stated that currently there is no such offer of Rs.94/- (benefit 1.4 GB data for 28 days) available.  According to the complainant, the OP is misquoting the information of the complainant and is exploiting him by charging unreasonable amount at the time of offering alluring packages to other customers.

5.                     In absence of counter and participation of OP in this proceeding we have lost opportunity to hear or know anything from him.  The complainant has filed copy of 4 emails.  In his complaint petition supported by affidavit, the complainant stated that he has sent messages to 1900 for Port Code enabling him to ensure passage to go to other service providers.  On 25.1.2017 the complainant has requested the OP through emails to offer him 4 GB data on payment of Rs.94/- for 28 days with reminder on 27.1.2017.  As the OP did not take any step, the complainant has sent another email on 05.2.2017.  It is seen that the OP assured the complainant to give a worst possible offer within a short period.  The OP also stated through email that the Port Code could not be supplied as it was not generated.

6.                     The above allegations of the complainant remained unchallenged as the OP remained exparte in this proceeding.  Being a bonafide customer the complainant is entitled to best offers floated by the OP and the OP should let the customers know about such better schemes but the OP has not done so.  As the complainant was not aware about the said scheme, he had been paying higher costs to avail internet data of such lower magnitude.  When he knew about the offer of Rs.94/- 4GB date for 28 days from outside, he has rightly approached the OP.  When the OP did not provide the said facility, the complainant requested Port Code to jump to other service provider.

7.                     In the above circumstances, we do not find any wrong committed by the complainant.  Rather the OP committed deficiency in service by not providing the facility and also did not providing the Port Code if the OP was not willing to provide the facility as desired by the complainant.  Now the complainant is suffering at the hands of the OP and hence he is entitled for Port Code.  The complainant is a practicing Advocate and is coming on each date of posting.  For such inaction of the OP, the complainant has definitely suffered some mental agony and also has filed this case incurring some expenditure for which he is entitled for some compensation and costs in favour of the complainant.  Considering the sufferings, we feel a sum of Rs.5000/- towards compensation and costs in favour of the complainant will meet the ends of justice.

8.                     Hence ordered that the complaint petition is allowed in part and the OP is directed to issue Port Code in favour of the complainant enabling him to switch over to other service provider and to pay Rs.5000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order.

(to dict.)