Orissa

Jharsuguda

CC/113/2017

MD. Mahfooz Alam S/O- Late Md. Manzoor Khan - Complainant(s)

Versus

Suresh Agrawal, Proprietor Subham Stor & Retailer of Airtel. - Opp.Party(s)

Abdul Zalil

09 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

                                        

                                                   CONSUMER  COMPLAINT  CASE NO. 113 OF 2017

Md. Mahfooz Alam (31 yrs),

S/O: Late Md. Manzoor Khan,

R/O: Gumadera, PO/PS: Belpahar,

Dist: Jharsuguda, Odisha.........................……………..………….……….…. Complainant.

     

                                           Versus 

 

1. Suresh Agrawal,

Proprietor- Subham Store & Retailer of Airtel,

At: Main Road, Gumadera, PO/PS: Belpahar,

Dist: Jharsuguda, Odisha.

 

2. Ananta Balia Enterprises, Airtel Distributor and Care Centre,

At: Near Radha Krishna Dharamsala, Jharsuguda,

PO/PS/Dist: Jharsuguda.

 

3. Bharati Airtel Ltd., Prepaid Head Main Office,

At: Inforcity  Campus, 6^th Floor,E-13/1,Chandaka Industrial Estate,

Chandrasekharpur Bhubaneswar, Odisha-751 024........................... Opp. Parties.

 

Counsel for the Parties:-

 

For the Complainant               .            Abdul Zalil, Adv. & Associates.

For the Opp. Parties                            P.R.Singhdeo, Adv. & Associates.

 

Date of Order: 09.07.2018

Present

1. Shri Sundar Lal Behera, President

                                                                                 2. Shri Santosh Kumar Ojha, Member

                                                                              3. Smt. Anamika Nanda, Member(W).

                                   

Shri S. L. Behera, President: - The complainant’s case in brief is that, he has purchased a 2G SIM an exchange to 4G SIM of Airtel from O.P.No.1 and also recharged of Rs.398/- only net data pack of 84GB and unlimited STD with local call for 28 days. But after 3 days of activation the said data plan was finished in place of 28 days.  The complainant immediately asked the O.P.No.1 and as per advise of O.P.No.1 the complainant again recharged of Rs.10/- in main balance but it continued upto the main balance of Rs.10/- only. The O.PNo.1 made contact to the O.P.No.3 and came to know that practically they are not giving such offer.  The complainant deals with boxes, Almirah, Cooler etc and he has purchased 4G mobile for his use but due to not getting the proper offer on purchase of recharge voucher of Rs.398/- only he sustained heavy loss and put in harassment, hence this case.

 

Being noticed through this Forum, the O.P.No.2 and O.P.No.3 have not appeared despite receiving notice, hence the O.P.No.2 and 3 are set ex-parte. The O.P.No.1 appeared and filed written version where in it has been stated that there is no any allegation against O.P.No.1 and the case may be dismissed.

Heard from the parties and gone through the case record. The complainant purchased a 4G mobile hand set and exchanged his 2G SIM to 4G for his use and as per the offer of Airtel company he purchased recharge voucher of Rs.398/- only to get 28 days unlimited callings with 84 GB net data pack but after 3 days of recharge the offer was finished.  The complainant while asking to O.P.No.1 he again recharge Rs.10/- as it is minimum balance which is required but while asking to the O.P.No.3 he came to know that there was no such offer of 84 GB but there was offer of 5 GB only on the said plan which the complainant had taken. The O.P.No.2 and 3 kept silent in this case which means they have nothing to say in this case. 

 

On the above mentioned facts and circumstances the O.P.No.2 and 3 are found to be committed of unfair trade practice. Hence we are in considered opinion to allow the complaint petition with following orders;

ORDER

 

1. The O.P.2 and 3 are hereby jointly and severally directed to refund Rs.398/- (Rupees three hundred ninety eight) only to the complainant towards recharge voucher.

 

2. The O.P 2 and 3 are hereby jointly and severally further directed to pay a sum of Rs. 8,000/- (Rupees eight thousand) only to the complainant towards harassment, mental agony including litigation costs.

 

3. All the aforesaid orders are to be carried out within one months from the date of receipt of this order, failing which interest @ 10% per annum shall be charges on the above mentioned awarded amount till realization.

 

Accordingly the case is disposed of.

 

Order pronounced in the open court today on this the 9^th  of  July’2018. Free  copy of this order shall be communicated to the parties as per Rule.

 

        I Agree.                                          I Agree.        

                                                                                                          

A. Nanda Member(W)                    S.K.Ojha, Member                        S.L.Behera, President.                    

Dictated and corrected by me.

 

    S.L.Behera, President