Punjab

Patiala

CC/17/449

Ashwani Kumar Ralhan - Complainant(s)

Versus

Jai Durga Communication - Opp.Party(s)

C. S. Mittal

15 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                      Consumer Complaint No. 449 of 5.12.2017

                                      Decided on:         15.2.2023

 

Ashwani Kumar Ralhan aged about 51 years son of Sh.Narinder Kumar Ralhan, resident of House No.422/1, Urban Estate, Phase-1, Patiala.

 

 

                                                                   …………...Complainant

                                      Versus

 

1. Jai Durga Communication An authorized Dealer Airtel (DL 954680) 03, Royal Tower Basement Shipra Suncity, Indirapuram, Ghaziabad (U.P.) through its Proprietor/Partner.

 

Second Address

Jai Durga Communication, A-322, Sector 49, Noida Gautam Budh Nagar 201304.

 

2. The General Manager, Circle Office, C-25, Industrial Area, AIRTEL, Phase-II, S.A.S. Nagar, Mohali.

 

3. The Manager/Incharge, Regd. Office AIRTEL, H-5/12, Outab Ambience , Mehrauli Road, New Delhi.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.Chamandeep Mittal, counsel for complainant.

                             Opposite Party No.1 ex-parte.

                             Sh.S.P.Singh Sidhu, counsel for OPs No.2&3.

                                     

 ORDER                                          

1. The instant complaint is filed by Ashwani Kumar (hereinafter referred to as the complainant) against Jai Durga Communication and others (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments put forth by the complainant are as follows:

That OP No.1 is the authorized dealer of AIRTEL i.e. OPs No.2&3. OP No.1 through OPs No.2&3 published a news on internet for the sale of VIP numbers of AIRTEL on various pricies. Complainant selected two mobile Numbers i.e. 82000-00000 and 88000-00000 for an amount of Rs.10,000/- each including Rs.1000/-each as booking charges. Thus, total price of two SIM Mobile numbers is Rs.22,000/-.Complainant made the payment to OP No.1 through Paytm. Accordingly OP No.1 sent two mobile sim card of above noted numbers but the said sim cards/mobile numbers of AIRTEL are not working/activated till date. Complainant made several telephonic calls to OP No.1 but it failed to activate the aforesaid mobile numbers in question. Complainant also sent legal notice through registered post on 27.9.2017 but the OPs did not reply the same. Thus, there is deficiency in service on the part of the OPs which caused mental agony and harassment to the complainant. Consequently, prayer has been made for acceptance of the complaint.

3. Notice of the complaint was duly given to the OPs through registered post. OPs No.2&3 appeared through counsel and filed written statement but the registered envelop of OP No.1 received back unserved with the report of ‘incomplete address’. Complainant was asked to furnish correct address of OP No.1.He provided the new address. Notice issued but again the same received back un-served  with the remarks ‘addressee moved’ Ample opportunities were granted to the complainant for this purpose. Ultimately he prayed for giving notice to OP No.1 through publication and notice was issued through publication in Dainik Bhaskar but even then OP No.1 failed to appear and was accordingly proceeded against exparte vide order dated 2.5.2019.
4. In the written statement filed by OPs No.2&3 they took various preliminary objections. On merits, the OPs submitted as under:

That the number series mentioned by the complainant does not belong to Bharti Airtel. The OPs never activated the above mentioned number in the name of the complainant. Further more these are VIP numbers and are sold for lakhs of rupees. There is no deficiency in service on the part of the OPs. After denying all other averments made in the complaint, the OPs prayed for the dismissal of the complaint.

5. In order to prove his case, ld. counsel for the complainant produced Ex.CA affidavit of the complainant alongwith documents, Exs.C1 to C7, copies of Paytm receipts, Ex.C8 copy of courier receipt, Ex.C9 to Ex.C15 copies of whasapp screen shots,Ex.C16 copy of courier receipt, Ex.C17 to Ex.C21 copy of whatsapp screen shots, Ex.C22 copy of legal notice, Ex.C23 to Ex.C25 original postal receipts, Ex.C26 newspaper ,Ex.C27 and Ex.C28 copies of prepaid, postpaid envelop, Ex.C29 and Ex.C30 copies of Sim number/IMSI  Number sheet,Ex.C31 copy of postal envelopt,Exs.C32 to C35 other documents and closed the evidence.
6. In rebuttal, ld. counsel for OPs No.2&3 has tendered in evidence Ex.OPA affidavit of Smt.Neha Nisal, Asstt.Manager (Legal) of Bharti Airtel and closed the evidence.
7. We have heard ld. counsel for the parties and have also gone through the record of the case, carefully.
8. The complainant has averred that OP No.1 is an authorized dealer of OPs No.2&3 having dealership No.DL954680.This fact has not been rebutted by OPs No.2&3. In fact OPs have given the address of the registered offices of the OPs and have remained silent about the dealership of OP No.1 thereby drawing the inference that OP No.1 is an Authorized Dealer of OPs No.2&3.
9. There was an online advertisement for the booking of VIP mobile number, which is Ex.C9/C10. Two mobile numbers from the said advertisement were selected by the complainant and requisite fee for the same was transferred to OP No.1 through Paytm. These paytm receipts from 12.9.2017 to 14.9.2017 are Exs.C1 to C7, amounting to Rs.11000/-each. Mobile sim cards Exs.C27 to C30 for the numbers Ex.C31 so selected by the complainant were then sent by OP No.1 through courier,Ex.C8. The said mobile sim cards sent by OP No.1were never activated by OPs No.2&3. Aggrieved by the said action of the OPs, legal notice Ex.C22 was also sent but no fruitful purpose was served.
10. OP No.1 did not contest the case despite  all modes of service including that of publication through press  and was proceeded against ex-parte. The complainant incurred an expenditure of Rs.8300/- for the same.
11. OPs No.2&3 in their written statement had argued that the complainant was not a consumer of OPs as the sim provided was never activated by the OPs and as such the complainant has not availed the services of the OPs. They have also submitted that it is not possible for VIP number as above to be sold as such minimum rates as claimed by the complainant. It is also argued that number series does not belong to them. However, the perusal of sim cards so received by the complainant fairly indicate that the number series was of the OPs bearing specific sim numbers 8991000900 964871266U and 8991000900964867223U. The OPs failed to rebut the same and have not produced any counter evidence to prove that the sim cards so provided to the complainant were not that of the OPs.
12. The argument of the OPs that the complainant was not a consumer of the OPs is also not justified as the complainant had paid Rs.11000/each totaling Rs.22000/- for the sim provided by OP No.1, being the authorized dealer of OPs No.2&3.
13. From the above, it transpires that OPs were deficient in providing services to the complainant and the SIM cards purchased by the complainant were never activated by the OPs, which tantamount to deficiency in service and unfair trade practice on their part.
14. Consequently, the complaint is allowed and we direct OPs to refund the amount so paid by the complainant through online mode of Paytm i.e. Rs.11000/-each for two Sim number totaling Rs.22,000/-.OPs are also directed to pay an amount of Rs.8300/- which has been spent by him as expenses for publication of notice. The OPs are further directed to refund the aforesaid amount alongwith simple interest @6% per annum from the date of payment till realization. A lumpsum payment of Rs.25000/- is also awarded to the complainant as compensation on account of harassment and mental agony suffered to him inclusive of litigation expenses.Compliance of the order be made by the OPs within 30 days from the date of receipt of certified copy of this order.  
15.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President