In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 34 / 2009.
1) B. P. Saraf, C/o. Zenith Mercantiles Ltd.,
7, J.L. Nehru Road, 2nd Floor, Flat No. 2, Kolkata-700013. ---------- Complainant
---Versus---
1) M/s. Bharati Airtel Limited,
5th Floor, Sector-V, Salt Lake Electronics Complex, Kolkata-700091.
2) Info Visim Solutions,
A 2/4, Lower G.F., Vasant Vihar, New Delhi-110057. ---------- Opposite Party
3) Chairman, Federation of Consumer Association, West Bengal,
39, Shakespeare Sarani, Kolkata-700017. ---------- Proforma Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Sharmi Basu, Member
Order No. 35 Dated 21/08/2012.
The petition of complaint has been filed by the complainant B.P. Saraf against the o.ps. M/s Bharati Airtel Ltd. and others. The case of the complainant in short is that o.p. no.1, a reputed multination company in collusion with o.p. no.2 have planned something new, a lucrative offer by way of framing a scheme to earn money from the General Public, fooling the Public. O.p. no.1 with malafide intention and ignoring the rule of law started to play a very dirty game in association with o.p. no.2. The fact and circumstances and the relevant correspondences which had already been made by and between the parties clearly shows that there is an unholy alliance in between the two with the intention of heckling and harassing the complainant at all times and also to earn money from the public.
As per scheme complainant send bank drafts of Rs.5492/- and Rs.5442 respectively on 20.3.06 in favour of TLC Marketing being the complainant had opted for free flight offer as being offered by Airtel (annex-B) for air ticket but no fruitful result had been yielded. After waiting a reasonable time and after repeated correspondences complainant received a letter from Aircel dt.19.6.06 for resending higher amount of draft for Rs.1500/- and Rs.7300/- in lieu of earlier drafts in favour of ‘Make my trip’ to Infovision Solution, New Delhi (annex-C). Thus, it is absolutely clear that there had been unholy nexus and apparent collusion between o.p. nos.1 and 2 in inviting such lucrative offer which was speculated and in contravention of the terms ignoring the rule of law. It is needless to submit here that both the o.ps. started so called business with unclean hand.
In spite of this it is astonishing and curious to submit here that o.p. no.1 is so reckless and dare to submit before this ld. Forum that they have no responsibility either to provide air ticket or in the alternative to refund money to the tune of Rs.90,000/- towards refund back of complainant’s money so paid by drafts for compensation harassment, so caused to complainant and the cost of such litigations and others respectively. Both of them are equally and/or jointly responsible to pay the said amount to complainant. Complainant’s duty is to send money through bank draft and o.p’s duty is to provide air ticket. Complainant has performed his duty on his part by sending the drafts and which has been duly acknowledged. But neither o.p. no.1 nor o.p. no.2 has performed their duties by sending and also providing air tickets (annex-D). Complainant most humbly submits that the Registration receipt of Postal Department and Acknowledgement Card are sufficient enough proof of delivering as per statutory provision in Laws of India. Complainant started to make correspondence in writing and also over phone and SMS too. That on contracting ‘Make my trip’, they clearly stated that Airtel has not forwarded complainant’s case to them and as such, they cannot issue the ticket. Complainant also contacted the Airtel’s Customer Care Department a number of times and on 20.11.06 complainant duly fixed a copy of POD and which was acknowledged by them on 20.11.06 by SMS. Complainant most humbly submits before this ld. Forum to kindly go through the penultimate para of the letter wherein Airtel have expressed their view that free flight offer cannot be availed by the complainant for the reason beyond their control. Hence, the case.
O.p. no.1 had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case. O.p. no.2 did not contest the case by filing w/v and matter was heard ex parte against o.p. no.2 and o.p. no.3 happens to be proforma o.p. and no relief has been sought as against o.p. no.3.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. Ld. lawyer of o.p. no.1 in the course of argument submitted that complainant h as no case and the case is liable to be dismissed. record reveals that despite receipt of draft, o.p. no.1 and 2 in collusion with each other did not release ‘free flight offer’ and this act on the part of o.p. nos.1 and 2 amounts to deficiency of service on their part to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest against o.p. no.1 with cost and ex parte against o.p. no.2 with cost. No order is passed as against o.p. no.3 as o.p. no.3 is proforma o.p. and no relief has been sought for against o.p. no.3. O.p. nos.1 and 2 are jointly and/or severally directed to refund a sum of Rs.9100/- (Rupees nine thousand one hundred) only and are further directed to pay Rs.35,000/- (Rupees thirty five thousand) only towards compensation for harassment and mental agony and litigation cost of Rs.7000/- (Rupees seven thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties.
