Date of Filing : 03.03.2011
Date of Order : 07.07.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 07th July 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 435/2011
M/s G.R.Constructions,
No.161/A, 7th Cross,
1st Stage, Teacher’s Colony,
Kumaraswamy Layout,
Bangalore 560 078.
Rep. by it Partner Mr.G.Ramana Babu. ……. Complainant
V/s.
M/s Bharti Airtel Ltd.,
Circle Office,
No.55, Divya Shree Towers,
Banneraghatta Main Road,
Bangalore 560 029.
Rep. by Meenakshi Bora,
Nodal Officer. …… Opposite Party
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed by the complainant under section 27 of the Consumer Protection Act, seeking for direction to resolve immediately. Complaint lodged by the complainant for 16 mobile phones and to pay compensation.
2. The facts of the case are that, the complainant is carrying on his business activities in construction and development of properties in and around Bangalore and in Karnataka. Complainant has taken Airtel Connections from the OP for his employees. In all 16 mobile phones connections were taken from the OP. Complainant is facing signal problems, employees were not able to use the phone properly. The calls were getting dropped due to lack of signal. Complainant lodged several complaints with the OP. OP promised to solve the problem. There is a great deficiency in service rendered by the OP. OP has failed to render proper service. Hence this complaint.
3. The OP has filed version stating that the complaint is not maintained. Complainant has taken telephone connections for commercial purpose. Service rendered by the OP is for commercial purpose. On this account complaint is not maintainable. In certain areas like lifts, upper floors, basements, network problem is bound to happen. There is no willful negligence or deficiency of service on the part of OP. Therefore prayed for dismissal of the complaint.
4. Arguments are heard. The points for consideration are
1. Whether complaint is maintainable?
2. Whether complainant is a Consumer under the definition of Consumer Protection Act 1986?
3 What Order ?
REASONS
5. Admittedly the complainant has stated that he is carrying on business activities in construction and development of properties in and around Bangalore and Karnataka and telephone connections were taken for the employees of the complainant company. So under this circumstances the service availed by the complainant is for commercial purpose. Therefore the present complaint does not fall under the definition of Consumer as defined under section 2(1)(d) of Consumer Protection Act. It is not the case of the complainant that he is doing business or commercial activities exclusively for the purpose of earning his lively hood by means of self employment. So under these circumstances, when the service availed from the OP for commercial purpose, the complaint before this Fora is not maintainable.
6. Secondly, the complainant has prayed that OP should be directed to resolve the complaint lodged in respect of 16 mobile phones. As regards this prayer is concerned, the OP can be directed to resolve the complaint and see that the matter is resolved and proper service is rendered to the mobile connections. The OP being a service provider, should see that the customers are not put into inconvenience or harassment. The OP should give quality and good service to the customers. Satisfaction of the customers is the soul of business relationship. The OP should take proper care and action and all corrective measures and resolve the problem of the complainant immediately. So as to the complainant shall get proper and quality service. With this observation, the complaint can be disposed of as not maintainable under the provision of Consumer Protection act 1986. In the result, I proceed to pass the following
ORDER
Complaint is dismissed as not maintainable.
Send a copy of the Order to both the parties at free of cost.
Pronounced in the Open Forum on this 07th July 2011.
Order accordingly
PRESIDENT
We concur the above findings
MEMBER MEMBER
HAV*
