Chandigarh

DF-II

CC/406/2018

Nirmal Singh Kandhola - Complainant(s)

Versus

Chief Executive Officer, Bharti Airtel Ltd., - Opp.Party(s)

In Person

08 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	406 of 2018
Date  of  Institution	:	19.07.2018
Date   of   Decision	:	08.01.2019

 

 

 

 

 

Nirmal Singh Kandhola, aged about 66 years, son of Sh.Sadhu Ram, resident of #4781, Sector 38-West Chandīgarh.  

 

            Complainant

Versus

 

Chief Executive Officer, Bharti Airtel Ltd., Plot No.21, Rajiv Gandhi Technical Park, Kishangarh, UT Chandigarh. 

   

 Opposite Party

 

BEFORE:  MRS.PRITI MALHOTRA    PRESIDING MEMBER

                    MR.RAVINDER SINGH         MEMBER

           

 

Argued By: Complainant in person

           Sh.Sanjeev Pabbi, Adv. for OP.

 

 

PER RAVINDER SINGH, MEMBER

 

                    The case of the complainant is that the Opposite Party provided him Mobile connection No.9501326885 under package of Rs.799/- per month which includes all the incoming/outgoing calls free.  The complainant was provided the credit limit of Rs.3600/- on the said connection.  It is averred that the complainant was abroad from 23.4.2018 to 3.6.2018 and before going abroad, he deposited an amount of Rs.1000/- with OPs in advance towards bill of April, 2018.  It is also averred that the complainant received bill dated 17.5.2018 for the period from 26.4.2018 to 25.5.2018 for an amount of Rs.24339/- including previous balance of Rs.215/- (Ann.C-1).  It is stated that the said bill reveals that incoming charges as Rs.1980/-, Outgoing call charges as Rs.2140/-, SMS charges Rs.75/- = total amounting to Rs.4195/- and apart from that, Rs.649/- has been shown as International Roaming daily limit pack benefit.  It is submitted that reaching India, the complainant took the matter with OPs that charging of Rs.649/- per day is illegal and moreover, when his credit limit was Rs.3600/-, they should not exceed the same arbitrarily (Ann.C-2).  However, the Opposite Party again sent bill dated 27.6.2018 for the period from 26.5.2018 to 25.6.2018 amounting to Rs.8433/- and the balance amount of previous bill total amounting to Rs.29,172/- (Ann.C-3).   It is also submitted that the bill Ann.C-3 shows that actual charges of incoming calls and outgoing calls are Rs.92/- only and Rs.649/- has been shown for international roaming daily from 26.5.2018 to 3.6.2018.  It is pleaded that the complainant again sent email dated 2.7.2018 (Ann.C-4) to the Opposite Party for correcting the bill, but they did not pay any heed.  It is also pleaded that the total actual usage charges of incoming and outgoing calls and SMS as per bill is Rs.4287/- and Rs.1598/- is a package for two months, total amounting to Rs.5885/- out of which the complainant had already deposited an amount of Rs.3600/- and ready to pay the balance amount of Rs.2285/-.  Alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice, hence this complaint has been filed. 

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case, stated that the company has charged the bill, as per the usage and the complainant is liable to pay for the charges, otherwise the bill would be much more.  It is stated that the complainant is liable to pay for the usage in case the subscriber uses the services by receiving calls/sending SMS etc. while abroad, without getting International Roaming Activated, a default pack of Rs.649/- per day is charged and activated and the same is done to avoid excessive billing. It is also stated that there is no excess payment charged from the complainant.  It is submitted that the credit limit is set on the basis of customer’s age on network, the payment pattern etc. and is just an indicator of monthly usage.  It is also stated that usage of the services beyond credit limit does not entitle the subscriber to forgo the legitimate charges payable by him and even where the credit limit is fixed, usage of Services beyond credit limit does not entitle the subscriber to forgo the legitimate charges payable to the company and so the crossing of credit limit does not hold good for the subscriber and the real testy is usage.  Denying other allegations of the complainant, the Opposite Party has prayed for dismissal of the complaint. 

 

3]       The complainant filed replication reiterating the contentions made in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the learned Counsel for the Parties and also carefully examined the entire evidence on record.

 

6]       The complainant visited abroad from 23.4.2018 to 3.6.2018.  During his stay abroad, the complainant extensively used Airtel International internet with mobile usage facility, as is explicit from the Itemized Statement (Page 21-22).  The International Roaming facility activated on the Mobile No.9501326885 in default, which does not amount to any unfair trade practice. 

 

7]       The complainant has availed the facility of International Roaming and as such, the charges of Rs.649/- per day, as claimed by the Opposite Party, seems to be reasonable.  The complainant was not under any obligation or compulsion for usage of telephone while abroad, but since he has utilized the services to the maximum extent for his own comfort and convenience, hence there is no justification for him to challenge the minimum subscription charges, as claimed by the Opposite Party. The complainant himself has crossed/extended his credit limit and for that, the Opposite Party cannot be blamed at all. 

 

8]       The facts under consideration dos not call for any interference by this Forum in this matter.  The complaint, as such, being without merit, is hereby dismissed.  No order as to costs.

         Certified copy of this order be sent to the parties, free of cost, as per rules. File be consigned to record room.

Announced

8^th January, 2019                                               

Sd/-

                                                                    (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER