Tamil Nadu

South Chennai

CC/430/2018

S Arun Kumar - Complainant(s)

Versus

M/s Bharathi Airtel Ltd - Opp.Party(s)

Party in person

17 Sep 2022

ORDER

Date of Complaint Filed : 23.11.2018

Date of Reservation      : 01.09.2022

Date of Order               : 17.09.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                            : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                        THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No. 430/2018

SATURDAY, THE 17^th DAY OF SEPTEMBER 2022

S.Arun Kumar,

S/o. P.Sermadurai,

No.9670, TNHB,

Ayyapakkam,

Chennai – 600 077.                                                          ... Complainant              

 

..Vs..

M/s. Bharti Airtel Limited,

The Manager,

Oceanic Towers,

Santhome High Road,

Santhome,

Chennai – 600 028.                                                        ...  Opposite Party

 

******

Counsel for the Complainant          : Party In Person

Counsel for the Opposite Party       : Exparte

 

On perusal of records and this Commission delivered the following:

ORDER

Pronounced by Member-II, Thiru. S. Nandagopalan., B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to pay a sum of Rs.20,000/- towards the physical strain and mental agony caused to the Complainant and to pay a sum of Rs.1,000/- towards cost of this complaint.

2.     The averments of Complaint in brief are as follows:-

The Complainant affirms that he is utilizing the Airtel Mobile / Dongle services of the Opposite Party vid Mobile No.7550226609 till the month of June 2018 by regularly remitting the monthly charges of the said number. The Complainant raised the service request through customer care to discontinue the Mobile / Dongle services vide No.86018036 but there was no response from the Opposite Party. Again after 2 days Complainant registered cancellation request mail and got another service request No.86717368. But the bill was raised in July month with bill No.414360831, Dated : 06.08.2018. By seeing the bill, again the Complainant wrote a mail to the Opposite Party to solve this issue immediately, the Opposite Party replied as general mail stating that the suspension request had been escalated to the concerned department. Again the Complainant wrote to the Nodal officer to solve this issue but it was continued instead asking the Complainant to pay the July bill without usage of service. On 22.08.2018 Opposite Party gave a reply mail stating that the Complainant need not to pay the outstanding as it was adjusted and even the cancellation request will be completed before 28.08.2018. Evenafter the said period i.e 28.08.2018 still the cancellation request is not initiated but month on month the bill is raised again and again. Hence the Complaint.

3.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-5  were marked.

4.    In spite of sufficient notice served on the Opposite Party, the Opposite Party failed to appear before this commission and they have been called absent and set Ex-parte. 

Points for Consideration:-

 

1. Whether there is any deficiency in service on the part of the Opposite

    Party?

 

2. Whether the Complainant is entitled for the reliefs sought for?

 

3. To what other relief the Complainant is entitled to?

 

Point No 1 :-

 

On perusal of the documents enclosed by the Complainant it is a fact that the Complainant was using the Airtel Mobile / Dongle services of the Opposite Party vid Mobile No.7550226609 till the month of June 2018 by regularly remitting the monthly charges of the said number. As per the Ex.A-1 the mail correspondence between the Complainant and the Opposite Party it is an undisputed fact that the Complainant requested the Opposite Party to cancel the ongoing service request No.86018036 right from 25.07.2018 by paying the June month bill that is reflected on 24.07.2018 for the amount of Rs.436/- which was found in Ex.A-2 , upon the request the Opposite Party sent a reply mail on 26.07.2018 stating that the cancellation request to deactivate the services is initiated by informing that the Complainant will be receiving a call within 24 hours for the raised request No.86717368. Instead the Opposite Party sent the bill on 06.08.2018 for the amount of Rs.716.73/- (Rupees Seven hundred and sixteen and seventy three paise) for which the Complainant did not utilised the services as found in Ex.A-3. Followed by this the Complainant again sent a mail to the Opposite Party on 12.08.2018 by disclosing the facts and the assurance given by the Opposite Party to deactivate the services instead the bill got generated for the subsequent month expressing the upset as found in Ex.A-1. The Opposite Party replied to the Complainant mail on 13.08.2018 stating that they have escalated the said issue to the concerned department for suspension of service and to address the billing related issues. However still the Opposite Party failed to address the persistent issue again on 14.08.2018 & 16.08.2018 the Complainant sent mail by elaborating the issue to the Nodal officer and Opposite Party seeking to take immediate action to resolve the ongoing matter as found in Ex.A-1. On 22.08.2018 the Opposite Party replied to the Complainant stating that they cannot reverse the bill raised for the month of July 2018 , however they are trying to adjust the same and even the service request No.87212433 for disconnection is in progress and will be resolved within 28.08.2018.

But as per the Ex.A-4 & Ex.A-5 the Opposite Party continuously generating the bill month on month i.e August 2018, September 2018 bills been generated causing hardship and mental agony to the Complainant and the sequence of happenings confirming the deficiency of service on the part of the Opposite Party towards the Complainant. Point No.1 answered.

Point Nos.2 and 3:-

We have discussed and decided that there is deficiency in service on the part of the Opposite Party and hence the Complainant is entitled for refund of Rs.5000/- paid by the Complainant towards deficiency in service and mental agony and to pay a sum of Rs.1000/- towards cost. Accordingly, Point Nos.2 and 3 are answered.

In the result the Complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.5000/- (Rupees Five Thousand Only) towards deficiency in service and mental agony along with cost of Rs.1000/- (Rupees One Thousand Only) to the Complainant, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of receipt of this order till the date of payment.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 17^th of September 2022.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

 

List of documents filed on the side of the Complainant:-

 

Ex.A1		Copy of Email correspondence copies
Ex.A2	06.07.2018	Copy of Airtel June month Invoice
Ex.A3	06.08.2018	Copy of Airtel July month Invoice
Ex.A4	06.09.2018	Copy of Airtel August month Invoice
Ex.A5	06.10.2018	Copy of Airtel September month Invoice

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT