Tamil Nadu

South Chennai

CC/235/2016

A.Salma - Complainant(s)

Versus

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

N.A.Mohamed Noohu

25 Apr 2019

ORDER

                                                                        Date of Filing  : 09.06.2016

                                                                          Date of Order : 25.04.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP. : MEMBER

 

C.C. No.235/2016

DATED THIS THURSDAY THE 25^TH DAY OF APRIL 2019

                                 

A. Salma,

D/o. Mr. Abdul Kader Sait,

Old No.13, New No.22,

Sultan Street, First Floor,

George Town,

Chennai – 600 001.                                                      .. Complainant.                                                      

 

                                                                                                ..Versus..

 

Bharathi Airtel Limited,

Rep. by its Authorised Signatory,

Oceanic Tower, Ground Floor,

No.101, Santhome High Road,

Chennai – 600 028.                                                 ..  Opposite party.

 

Counsel for the complainant      :  M/s.  N.A. Mohamed Noohu &

                                                       another

Counsel for the opposite party  :  M/s. Iyer & Thomas & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 pray to pay a sum of Rs.6,55,170/- towards compensation for deficiency in service, at the time of discounting her connection/ balance was in her mobile with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that she is a Senior Citizen purchased a Airtel SIM prepaid card in the year 2004.  While availing the Airtel prepaid connection, the complainant produced a Xerox copy of the ration card, passport size photo towards ID proof.  The opposite party issued prepaid mobile connection No.9940394557 and the complainant was enjoying the connection for more than 11 years.  On 15.03.2016 and 16.03.2016, the complainant received a message from the opposite party that the complainant should submit her ID proof within 72 hours otherwise, the complainant’s prepaid mobile connection will be disconnected. The complainant is a chronic patient having heart ailment and Glaucoma in her eyes.  The complainant is in daring need of the mobile phone for her moral support everyday. On 16.03.2016 after receiving the message, the complainant went to the nearest Airtel showroom at Second Lane Beach George Town, Chennai - 1.   The complainant was given a token No.052 at 4.20 pm.  The officer of the opposite party refused to receive the ID proof brought by the complainant and instructed her to go to Santhome Office, Chennai – 600 028.  On 17.03.2016, at her old age, the complainant went to the opposite party’s office at Santhome and after due struggle she had taken a token No.1046.  At about 11.53 AM, the complainant submitted her ID proof and passport size photo.   The opposite party’s officer after receiving the ID proof compelled her to purchase 4G SIM card for avoiding disconnection and forced to purchase a new SIM card of Rs.25/-. 

2.     The complainant submits that the opposite party collected an alternative number of the complainant’s elder brother’s mobile No.9840072992. The complainant submits that on 18.03.2016, the opposite party disconnected the complainant’s mobile number without any intimation with the balance amount of Rs.170/- in her mobile.   Immediately, the complainant contacted the customer care No.198.  At that time, the opposite party once again demanded to submit ID proof and pass port size photo which was already submitted and received by Santhome Office of on 17.03.2016. The complainant submits that after inserting the new 4G sim card, the incoming and outgoing calls are not functioning.  On contacting the customer care, the opposite party responded that it will be rectified within 48 hours and advised the complainant to go to the nearest showroom.  Later on, the complainant received the incoming calls.  But the outgoing calls were defunct.  Thereafter, the complainant received messages from the opposite party repeatedly to submit ID proof and photo.  On 22.03.2016, the complainant’s brother received a message from the opposite party that the problem will be resolved very soon and asked to contact the toll free number of the opposite party.  But none of the problems rectified.   On 25.03.2016, the complainant received a message that the opposite party has not received the documents from the complainant.   The complainant submits that he was not able to use the mobile phone for a long period.  Thereby, the complainant was not able to book and register the LPG connection etc.  Hence, the complainant issued legal notice dated:20.04.2016 for which, the opposite party has not sent any reply.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.      The brief averments in the written version filed by  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that the complainant was using the prepaid Airtel SIM card connection No.9940394557 right from the year 2004. The opposite party got licence from DoT to run the telecommunication business across the country.  Inorder to ensure the willingness of the customers and to avail the opposite party telecommunication service, proof of identity and address was required.   DoT guidelines has been amended from time to time and in order to ensure proper compliance, the opposite party requested the documents.  The opposite party states that sms dated:16^th & 17^th  March 2016 sent to the complainant  for the production of ID proof.  As per the regulatory process, the SIM card was permanently deactivated and a new SIM card has been issued to the complainant which was duly acknowledged by her.  On verification DoT regulation mandates that the complainant has to call 59059 to provide details of activation.  Since the complainant has not initiated the telecommunication verification process till 02.05.2016, the new SIM card was not activated.    Thereafter a new SIM card has been activated with the complainant’s prepaid balance of Rs.170/- was recharged in the old SIM was made available in her new SIM.  Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A5 are marked.  Proof affidavit of the opposite party is filed and no document is are marked on the side of the opposite party.  

5.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.6,55,170/- towards compensation for deficiency in service, mental agony at the time of discounting her connection / balance in the mobile connection legal expenses with cost as prayed for?

6.      On point:-

Both parties filed their respective written arguments.  Perused the records namely; the complaint, written version, proof affidavits and documents.  The learned Counsel for the complainant would contend that  she is a Senior Citizen purchased a prepaid Airtel SIM card in the year 2004.  While availing the Airtel prepaid connection, the complainant produced a Xerox copy of the ration card, passport size photo towards ID proof.  The opposite party issued prepaid mobile connection No.9940394557 and the complainant was enjoying the connection for more than 11 years.  On 15.03.2016 and 16.03.2016, the complainant received a message as per Ex.A1 from the opposite party that the complainant should submit her ID proof within 72 hours otherwise, the complainant’s prepaid mobile connection will be disconnected.  The complainant is a chronic patient having heart ailment and Glaucoma in her eyes.  The complainant is in daring need of the mobile phone for her moral support everyday. On 16.03.2016 after receiving the message, the complainant went to the nearest Airtel showroom at Second Lane Beach George Town, Chennai - 1.   The complainant was given a token No.052 at 4.20 pm as per Ex.A1.  The officer of the opposite party refused to receive the ID proof brought by the complainant and instructed her to go to Santhome Office, Chennai – 600 028.  On 17.03.2016, at her old age, the complainant went to the opposite party’s office at Santhome and after due struggle she had taken a token No.1046 as per Ex.A2.  At about 11.53 AM, the complainant submitted her ID proof and passport size photo.   The opposite party’s officer after receiving the ID proof compelled her to purchase 4G SIM card for avoiding disconnection and forced to purchase a new SIM card of Rs.25/-.  

7.     Further the contention of the complainant is that the opposite party collected an alternative number of the complainant’s elder brother’s mobile No.9840072992.  Further the contention of the complainant is that on 18.03.2016, the opposite party disconnected the complainant’s mobile number without any intimation with the balance amount of Rs.170/- in her mobile. Immediately, the complainant contacted the customer care No.198.  At that time, the opposite party once again demanded to submit ID proof and pass port size photo which was already submitted and received by Santhome Office on 17.03.2016.  Further the contention of the complainant is that after inserting the new 4G SIM card, the incoming and outgoing calls are not functioning.  On contacting the customer care, the opposite party responded that it will be rectified within 48 hours and advised the complainant to go to the nearest showroom. Later on, the complainant received the incoming calls.  But the outgoing calls were defunct.  Thereafter, the complainant received messages from the opposite party repeatedly to submit ID proof and photo.  On 22.03.2016, the complainant’s brother received a message from the opposite party that the problem will be resolved very soon and asked to contact the toll free number of the opposite party.  But none of the problems rectified which caused great mental agony.   On 25.03.2016, the complainant received a message that the opposite party has not received the documents from the complainant.  Thereby, the complainant was not able to use the mobile phone for a long period caused great mental agony.  Thereby, the complainant was not able to book and register the LPG connection etc.  Hence, the complainant issued legal notice dated:20.04.2016 as per Ex.A4 for which, the opposite party has not sent any reply.   The complainant is claiming a sum of Rs.6,55,170/- towards deficiency in service, mental, agony, balance in the mobile connection, miscellaneous expenses, legal fees etc.  But the complainant has not meticulously proved the heavy claim towards mental agony.   

8.     The contention of the opposite party is that admittedly, the complainant was using the prepaid Airtel SIM card connection No.9940394557 right from the year 2004. The opposite party got licence from DoT to run the telecommunication business across the country.  Inorder to ensure the willingness of the customers to avail the opposite party telecommunication service, proof of identity and address was required.   DoT guidelines has been amended from time to time and in order to ensure proper compliance, the opposite party requested the documents.  But the opposite party has not produced any license with such conditions for time to time identification of the customers.  Further the contention of the opposite party is that due sms dated:16^th & 17^th  March 2016 sent to the complainant  for the production of ID proof.  As per the regulatory process, the SIM card was permanently deactivated and a new SIM card has been issued to the complainant which was duly acknowledged by her.  On verification DoT regulation mandates that the complainant has to call 59059 to provide details of activation.  Since the complainant has not initiated the telecommunication verification process till 02.05.2016, the new SIM card was not activated.    Thereafter a new SIM card has been activated with the complainant’s prepaid balance of Rs.170/- was recharged in the old SIM was made available in her new SIM.  But the opposite party has not produced any record.  Further the contention of the opposite party is that all the allegations mentioned in the complaint are baseless and cooked up storage.  But the opposite party has not denied that while visiting the 2^nd lane beach at this old age, the complainant was forced to go Santhome office and thereafter, requested to furnish the ID proof repeatedly amounts to deficiency in service.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall pay a sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 25^th day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	16.03.2016	Copy of token No.T052.  Visited at Airtel Xsquare second lane beach George Town Chennai  - 1.
Ex.A2	17.03.2016	Copy of token No.1046. Visited at Airtel SanthomeLobby. Chennai
Ex.A3	19.03.2016	Copy of Token No.T142. Visited at Airtel Xsquare second lane beach George Town, Chennai – 1.
Ex.A4	20.04.2016	Copy of legal notice by Advocate along with Otihinal receipt of register post
Ex.A5	22.04.2016	Copy of acknowledgement card

 

OPPOSITE PARTY SIDE DOCUMENTS:- NIL

 

 

MEMBER                                                                  PRESIDENT