Date of Filing: 17.08.2020
Date of Order: 30.03.2021
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION – I, HYDERABAD
P r e s e n t
HON’BLE Smt. P. Kasthuri B.Com, L.L.M., PRESIDENT(FAC)
HON’BLE Shri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER
On this the Tuesday the 30th day, of March 2021
C.C.No. 311 of 2018
Between
Naveed Junaid Mohammed Khan (Naveed Khan)
S/o Niyaz Mohammed Khan, aged about 33 years,
Occ: Business, R/o: H.No. 2-3-647/A/360,
Premnagar, Amberpet, Hyderabad – 500013
Cell No. 9959856786
….Complainant
And
The Bharati Airtel, Represented by Managing Director,
Splendid Towers, Sardar Patel Road,
Patigadda, Begumpet,
Hyderabad – 500016
….Opposite Party
Counsel for the Complainant : Mr.V. Sharath Kumar
Counsel for the Opposite party : M/s Gopi Rajesh
O R D E R
(By Shri K.RAM MOHAN, B.Sc. M.A L.L.B., MEMBER on behalf of the bench)
1. This complainant has instituted the above consumer complaint U/s 12 of Consumer protection Act before the District Forum-I Hyderabad, with prayer to summon the Respondent, award Rs. 10,00,000/- compensation and punish unknown culprit, who himself is using his number and also direct the opposite party to restore the mobile number in his favour.
2. As per the fair copy of the complaint, the complainant states that he has been allotted Sim Number 9000000088 and with an alternative No. 9959856786 , in the year 2015. It is stated that in the month of March 2018 the complainant’s Sim No 9000000088 was not functioning and on contacting the opposite party and verifying the same with it is stated to have learnt that the said Sim number was being used by same other person in same other state, without his content and knowledge the said sim was being used in some other state 15 days prior to the filing of the present complaint. He lodged telephone complaint with the opposite party who registered the complaint as complaint No. 2771234089. He even lodged the complaint on 01.08.2018 with the opposite party at their Hyderabad office, Begumpet on 06.08.2018. He received reply to his complaint being informed that his said sim was “ported out” and disconnected on 04.04.218 and ported it out. The opposite party required to obtain ID proofs, previous bills and signatures etc. from the complainant through his alternative number, registered E-mail ID 9000000088 and allotting the same to some other persons who has been using the same is said to be deficiency in service on the part of the opposite party. The complainant further states that he has given his ported out Sim No. 9000000088 etc… to his Aadhar Card, his Bank Account of HDFC Bank, Bajaj Electronic, Capital First and HBD Finance Services and to his construction business i.e, “Trust India Group “
As such he is apprehending that his ported out number might be misused by the person to whom the ported number was allotted and who has been using the same , which may stated to have been resulted in loss to the complainant . Since there is no response from the opposite party despite lodging complaints and no action was taken by it, the complainant instituted the above Consumer complaint with a prayer to grant releifs as stated supra.
3. One Mr. S. Ghosal , Managing Director of the opposite party, has filed written version on behalf of the opposite party denying the allegations made in the complaint except the admitted facts mentioned therein. It is stated that the complainant has not followed the remedial measures provided U/s 7-B of Indian Telegraph Act 1885 and as per the rule 413 of the Telegraph rules provided that all services relating to Telephone are subject to Telegraph rule. It has been mentioned in its written version that as per the judgment of the Apex Court in case i.e, 2009(8) SCC 481 Civil Appeal No. 7687 of 2004 SC in General Manager, Telecom Vs. M. Krishnan and Another has upheld that “the Consumer Forum does not have jurisdiction on disputes relating to telephone service and telephone bills and the subject remedy has been provided U/s 7-B of Indian Telephone 1885 ready with telegraphic rules.
The opposite party also states that
The complainant instead of choosing to approach the Arbitrator raising in dispute under the above Act and rule provided there here under, has approached the Hon’ble Forum praying to grant certain reliefs. Under the stated circumstance the opposite party has prayed that the complaint filed by the complainant be dismissed.
4. During the course of enquiry the complainant has got filed evidence affidavit supported by documents Ex.A1 to Ex.A6 both parties have got filed their respective written arguments. The counsel for the complainant advanced the oral arguments while the opposite party got filed a memo requesting to treat its written version as oral arguments.
5. Heard learned counsel for both the parties and perused material on record.
6. The following points have emerged for determination for arriving at just and proper conclusion.
1. Whether the complainant has proved any deficiency in service against the opposite party.?
2. Whether the complainant is entitled to any relief as prayed for.?
3. To what relief.?
6.1 The dispute between the complainant and opposite party relates to deficiency in service which is related to telephone service. Which cannot be adjudicated by the District Commission based on the reliance placed on judgment of the Apex Court in the case of General Manager Telecom Mr. M. Krishan and another2004. From the above discussion we have come to the conclusion that the opposite party is not liable for the action done on its part as stated in the foregoing paras.
6.2 Based on our above findings, we hold that complainant is not entitled to any relief.
6.3 In the result, the complaint is dismissed with no order as to costs.
Dictated to steno, transcribed and typed by him, pronounced by us on this the
30th day of March, 2021.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 – Copy of Airtel Mobile service Bill dt. 21.03.2018
Ex.A2 – Copy of Aadhar Card
Ex.A3 – Copy of Bank passbook
Ex.A4 – Copy of Visiting Card
Ex.A5 – Copy of complainant given to Airtel dt. 01.08.2018.
Ex.A6 – Copy of reply given by Airtel dt. 06.08.2018
Exhibits filed on behalf of the Opposite party :
Nil
MEMBER PRESIDENT
