By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Brief say of complainant's case is as follows:-<br /> Complainant availed mobile connection with opposite parties under Plan 99. Opposite parties offered and assured that if complainant changed his connection to plan 399 he could avail of the offer of free air tickets to and fro to Delhi. On 18-11-2005 complainant remitted Rs.500/-and had his connection changed to Plan 399. Thereafter 3rd opposite party sent Airtel free flight booking request form to complainant, which was duly filled up by complainant who sent to 3rd opposite party the form along with requisite demand draft for Rs.442/- as per directions. 3rd opposite party rejected the application and complainant did not receive the benefit as offered. Later on 27-3-06 1st opposite party informed that complainant could transfer his post paid connection to life time prepaid connection without paying any extra charge as per the 'Vishu' offer. Complainant thereby paid all arrears of post paid connection and opposite party delivered the SIM card of prepaid connection to complainant. Even after contacting 1st and 2nd opposite parties repeatedly his prepaid connection was not activated by opposite parties. Complainant alleges deficiency in service and prays for compensation of Rs.2 lakh.<br /> 2. Version was filed on behalf of opposite party No.1. Notice issued to opposite party No.2 was returned as 'office closed down'. Complainant filed I.A.139/07 to delete opposite party No.2 from party array which was allowed on 14-12-2007. Notice to opposite party No.3 was served. He was absent and set exparte on 13-01-08. Opposite party No.1 admits that complainant has paid Rs.500/- and changed his connection to Plan 399. It is contended that the free air ticket booking request form was incorrectly filled by complainant and hence rejected by 3rd opposite party. It is also admitted by opposite party No.1 that complainant had applied for conversion of his post paid connection to prepaid connection. That after conversion complainant failed to contact customer care and also pay outstanding dues of Rs.99/- and therefore his prepaid connection was not activated. That there is no deficiency of service and complaint is liable to be dismissed.<br /> 3. Evidence in this case consists of affidavit filed by complainant. Ext.A1 to A7 marked on his behalf. No documents or affidavit filed on the side of opposite party. No oral evidence adduced by either side. The points that arise for consideration (i) Whether opposite parties have committed deficiency in service? (ii) If so, reliefs and costs.<br /> 4. The main grievances of the complainant are (i) opposite parties did not give him the benefits of the offer of free air ticket on taking Plan 399 connection. (ii) His Airtel prepaid connection was not activated by opposite parties. According to opposite party No.1 the free air ticket booking request form submitted by complainant to 3rd opposite party was rejected for the reason that instead of specifying three alternate destination in the form, complainant had specified all destinations as Delhi. Ext.A1 is the advertisement of opposite parties regarding the free flight offer. In Ext.A1 the offer is for free flight to and fro to places viz., Delhi, Bombay, Goa, Bangalore, Chennai. Ext.A4 is the Booking request form. In the column given for choice of destination complainant has filled in as 'Delhi' against 1st, 2nd and 3rd options. Therefore complainant opted to travel to Delhi only. In such a case opposite parties cannot compel him to choose another destination. Ext.A1 advertisement does not say anything about curtailment/limitation as to choice of destination. Ext.A1 does not state anything about payment of additional charges of Rs.442/-. Ext.A3 is the demand draft sent along with Ext.A4 as per direction of opposite parties after taking Plan 399. There is nothing in Ext.A1 regarding conditions applicable to choice of destination or payment of additional charges. 3rd opposite party has rejected the booking request form (Ext.A4) on flimsy grounds and thereby denied the offer to complainant. Complainant has taken the effort of filling the application form, purchase of demand draft and sending it to 3rd opposite party. We hold that the rejection of Ext.A4 form by opposite parties is unreasonable and unjustifiable. Complainant is also aggrieved that his prepaid connection was not activated by opposite parties. The evidence tendered by complainant through affidavit is that he paid Rs.379/- which were the arrears in post paid connection and 1st opposite party handed over the prepaid SIM Card to the complainant. Ext.A5 is the receipt for payment of Rs.379/- dated, 09-5-06. Even though opposite party contends that there is a balance of Rs.99/- no evidence is tendered to prove this. Further no notice of demand/bill is issued to complainant claiming this amount. Complainant affirms that even after repeated requests his prepaid connection was not activated. We have no hesitation to hold that complainant has succeeded in establishing and proving a case in his favour. We find opposite parties deficient in service. <br /> 5. Point (ii):- Complainant claims compensation of Rs.2 lakh. In our view the act of opposite parties not only amount to deficiency but also unfair trade practice by rejecting the benefit of offer made through advertisements. Companies which issue advertisement and offers as part of marketing strategies should not be allowed to exploit consumers. We consider this as a fit case to award punitive damages, and that an amount of Rs.25,000/- as compensation would serve justice to the complainant, as well as deter companies from making false offers which they do not intend to give to the consumers.<br /> 6. In the result, complaint allowed. Opposite party No.1 and opposite party No.3 are jointly and severally liable to pay compensation of Rs.25,000/- (Rupees Twenty five thousand only) to the complainant along with costs of Rs.2000/- (Rupees two thousand only) within three weeks from the date of receipt of copy of this order.<br /> <br /> Dated this 26th day of March, 2008.<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A7<br /> Ext.A1 : Advertisement by opposite parties regarding the free flight offer..<br /> Ext.A2 : Receipt for Rs.500/- dated, 18-11-2005 from opposite party to complainant.<br /> Ext.A3 : Demand Draft for Rs.442/- dated, 03-4-2006 in favour of opposite party<br /> by complainant.<br /> Ext.A4 : Airtel Free Flight Offer Booking Request Form dated, 03-4-2006<br /> by complainant..<br /> Ext.A5 : Receipt for Rs.379/- dated, 09-5-2006 from opposite party to complainant. <br /> Ext.A6 : Bill for Rs.480.52 dated, 12-5-2006 by opposite party to complainant.<br /> Ext.A7 : Post Paid SIM Card.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />