Date of Filing: 19/11/2011

        Date of Order: 31/12/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  31^st DAY OF DECEMBER 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.Sc.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

COMPLAINT NO.2102 OF 2011

Sahana.A.Earappa,

Om Sai Ram PG for Ladies,

# 97, 11^th Cross, 16^th Main,

BTM 1^st Stage, Thavarekere,

Near Sumukha Medicals,

Bangalore-29.

(Rep. by In person)                                                            ….  Complainant.

V/s

(1) Ms Nalini (Customer Care Executive),

Bharti Airtel Limited, Maruthi Infotech Centre,

11/1 & 12/1, 1^st Floor, Block A West Wing,

Koramangala, Inner Ring Road,

Amarjyothi Layout, Bangalore-560 071.

(2) The Manager,

Nelson Mandela Road, Vasant Kunj,

Phase II, New Delhi-110070.

(3) The Manager Customer Care,

Bharti Airtel Limited, Maruthi Infotech Centre,

11/1 & 12/1, 1^st Floor, Block A West Wing,

Koramangala, Inner Ring Road,

Amarjyothi Layout, Bangalore-560 071.

(Rep. by Sri.B.J.Mahesh, Advocate)                                       …. Opposite Parties.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The brief antecedents that led to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Parties to pay the sum of Rs.50,000/-, are necessary:-

The complainant took the broad band service of the opposite parties around May-2010.  Because of its irregularities he sought cancellation of the same on 13.07.2011 and he was also not a frequent user of the same.  The cancellation Number is 511108 and the Interaction Number is 213963735 and the person who gave this numbers is opposite party No.1.  Two days later the opposite parties stating that the bill of June-2011 will be waived as it was within the rental limit and because of no usage and also asked the complainant to keep the connection till September-2011 end and the bill for the said period will be waived and the rental will be waived off from Rs.650/- per month to Rs.350/- per month, and in the subsequent bill 20% discount will be given and asked the complainant to pay Rs.280/- after September-2011.  This was not accepted by the complainant.  Hence the cancellation done on 13.07.2011 remained.  Even then the opposite parties is sending bills after the bill demanding money and also sending SMS demanding money.  This costed mental agony and harassment.  Hence the complaint.

2.       Though out the proceeding opposite party though served remained absent.  In brief the version of opposite party Nos. 2 & 3 are:-

The complaint is not maintainable.  The obtaining of the broad band facility and seeking its cancellation in July-2011 are all admitted.  It has not been given effect to till October-2011.  The complainant is due a sum of Rs.2,258.26 paise.  The complainant has not paid the June bill.  The complainant has not paid the bill dated: 06.07.2011, 06.08.2011 and 06.09.2011.  All the allegations to the contrary are denied. 

3.       To substantiate their respective cases the opposite party has filed his affidavit, the complainant has stated that his complaint and documents be read as his evidence.  The arguments were heard.

4.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether there is any deficiency in service?
2. What Order?

5.       Our findings are:-

Point (A) & (B):        As per the final Order

                             for the following:- 

-:REASONS:-

Point A to C:-

6.       Reading the complaint in conjunction with the version, affidavit and documents on record, it is an admitted fact that the complainant had obtained a broadband facility from the opposite party in May-2010 and sought its cancellation on 13.07.2011.  The cancellation number is 511108 and Interaction Number is 213963735 this was given by the opposite party No.1.  When the complainant has sought cancellation of the broad band facility on 13.07.2011 and the opposite parties have given number regarding this it should have disconnected the broadband facility and deemed to have been disconnected.  When that is the case issuing bill subsequently does not arise.  What is the amount due as on June-2010 up to 13.07.2011 is not stated by the opposite parties.  The complainant has produced the bill which has been issued subsequently that is on 06.09.2011, 06.10.2011.  The bill dated: 06.09.2011 states that for the previous month i.e., in August-2011 it was Rs.1093.85 paise and the total bill is for 1,828.45 paise.  The bill of 06.10.2011 says the bill of September-2011 is Rs.1,828.45 paise and the bill as on that day that is on 06.10.2011 is Rs.2,258.26 pasie.  The bill that has been produced by the opposite party is dated: 06.10.2011 which is discussed supra.  That means the opposite party is demanding the bill subsequent to cancellation of the broad band facility.  This is illegal.  When the complainant has sought cancellation of the broad band it was incumbent on the part of the opposite party to cancel the broad band on 13.07.2011 and if any due were there up to that date it should have asked the complainant to pay as up to 13.07.2011.  But demanding money subsequently the rental charges and other things is unfair trade practice.  Hence the action of the opposite parties is nothing but an unfair trade practice and deficiency in service.  Hence under these circumstances if we direct the opposite parties to pay the compensation of Rs.2,000/- to the complainant and to pay the costs of this litigation we think that will meet the ends of justice.  The broad band facility has been cancelled with effect from 13.07.2011 and nothing is due to the opposite party with respect to the said broad band services.  Hence we hold the above points accordingly and proceed to pass the following:-

ORDER

1.       The complaint is Allowed-in-part.

2.       The broad band services of the complainant with the opposite parties shall stand cancelled as on 13.07.2011 and nothing is due as on that day to the opposite parties.  The opposite parties are directed to pay Rs.2,000/- as compensation to the complainant within 30 days from the date of this order.

3.       The opposite parties are also directed to pay to the complainant a sum of Rs.2,000/- as costs of this litigation.

4.       The opposite parties are directed to comply with the order as ordered at Serial Nos. 2 & 3 above and submit the compliance report to this Forum with necessary documents within 45 days from the date of this order.

 5.      Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.

6.       Send a copy of this order to both the parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 31^st  Day of December 2011)

         MEMBER                                                             PRESIDENT