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Manoranjan MIshra S/O- Soraj Kumar Mishra filed a consumer case on 18 Dec 2018 against Manager,Airtel Exress Airtel Pre-Paid & Post-Paid Office, in the Jharsuguda Consumer Court. The case no is CC/38/2018 and the judgment uploaded on 08 Jan 2019.
CONSUMER COMPLAINT CASE NO. 38 OF 2018
Manaranjan Mishra( 27Yrs.),
S/O: Saroj Kumar Mishra, Occu: Unemployed,
R/O: Vill-Tangarpali, Via-ITPS, Banharpali, PO: Sunari,
PS/Tahasil- Lakhanpur, Dist: Jharsuguda, At present resident of
Behind Jagyansini Hospital, Beheramal,
PO/PS/Tahasil/Dist: Jharsuguda, Odisha,……………....……..………. Complainant.
Versus
At Near HDFC ATM, Beheramal,Jharsuguda.
Naya para, Gole Bazar, Sambalpur.
Naya para, Gole Bazar, Sambalpur.
Both are residenbt of Sambalpur,
PO/PS/Tahasil/Dist- Sambalpur, Odisha.
Counsel for the Parties:-
For the Complainant S. C. Tripathy, Adv. & Associates.
For the Opp. Parties T.K. Harichandan,Adv. Associates.
Date of Order: 18.12.2018
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
3. Smt. A. Nanda, Member (W).
Shri S.L. Behera,President :- Brief fact of this case are that, the complainant was having a SIM Card bearing BSNL SIM No. 9439664329 issued by BSNL, who with intention to convert the said BSNL SIM into Airtel applied before Airtel Authority Service Provider for MNP on dt.26.03.2018 on payment of required fee of Rs.30/-. As per the instruction of the said O.Ps. Airtel Company officials who assured to deactivate the existing SIM into their service within 7 days. It is the grievance of the complainant that the O.Ps. Company instead of allotting the original SIM No. 9439664329 allotted a wrong number i.e.9040263267 for which he could not get SMS from anticipated engaging institution concerned to get job. Accordingly the officials of Airtel service provider are duty bound to rectify their wrong committed by them. Alleging deficiency in service and unfair trade practice the complainant has filed this case against the O.Ps. for compensation etc. amounting to Rs.1,00,800/- in total.
The O.P.No.1 to 3 officials of the Airtel Service Provider submitted that, the complainant had requested to port into network of Airtel through UPC Code B0582665 and applied for the same on dated 23.09.2018. Their further submission is that, service would be activated in due process of MNP after seven days but had not assured that the complainant would get the service on the SIM No. 8991530901995690057U. According to the O.Ps., the complainant had taken a wrong SIM instead of a SIM which was likely to be arranged and provided to the complainant. However, they submitted further that after receipt information the issue was resolved by mapping the alleged SIM no. with the original old SIM MSISDM9439664329 and the same was got activated on dtd.05.08.2018. The O.P. No.1 to 3, therefore fairly submit that, when the problem arise due to hurriedness of the complainant by accepting a wrong SIM had already been resolved. They cannot be held to be rendered deficiency in service in respect to the complainant and they prayed for dismissal of the complaint.
On perusal of the pleadings of the parties along with Xerox copies of document filed on behalf of the complainant, we could able to know that due to some mistake the complainant had pickup a wrong SIM from POS which was not meant for complainant but as the matter was resolved immediately within one month from the date of filing of this complaint and the mapping was done with the SIM number -9439664329 available with the complainant, in our opinion we cannot hold the O.Ps. to be deficiency in service in respect to the complainant, we therefore dismiss the complaint of the complainant with no cost to either parties.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 18th day of Dec’ 2018. Free copy of this order shall be communicated to the parties as per Rule.
I Agree. I Agree.
A.Nanda, Member( W) S.K. Ojha,Member S.L.Behera,President
Dictated and corrected by me
S.L. Behera, President.
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