Complainant VijayKumar Tejpaul through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that opposite parties be directed to remove his grievance and also to provide mobile data facilities on mobile no.7036600001. Opposite parties be further directed to pay R.50,000/- as compensation on account of harassment and mental agony alongwith Rs.10,000/- as litigation expenses to him alongwith interest @ 18% per annum from the date of filing of complaint till its realization, in the interest of justice.
- The case of the complainant in brief is that he was having mobile no.7036600001of Idea Company. He got port his mobile from Idea Company to Bharti Airtel limited in the ending days of December, 2017 and all the formalities were completed in the first week of January, 2018 and the same was activated near about 7th of January, 2018 by the Bharti Airtel Limited through opposite party no.5 and as such he is consumer of Bharti Airtel Limited. From the very beginning i.e. January, 2018 when he stepped entered in the Bharti Airtel Limited is suffering with so many problems while operating his mobile. He visited to the office of opposite party no.5 for resolving his complaint, but all in vain. Problem of landline call was resolved in the end of January, 2018, but the problem of mobile data was not solved. The opposite party no.5 did not take any interest to solve his mobile data problem. Thereafter he again approached the office of opposite party no.6 where Mr.Amit Sharma Manager and all other staff members fully co-operate him and assured to solve the problem of Mobile Data Immediately. Problem of not using mobile data is being suffered by him from the date of its port i.e. from the date when the aforesaid number is activated by the Bharati Airtel Limited. He himself sent e-mails to the concerned authorities i.e. opposite party no.1 and 3and its copies were sent to the local office Pathankot i.e. opposite party no.5 who is e-mail ojas
3. Notice issued to the opposite parties had not been received back. Case called several times but none had come present on behalf of opposite parties. Hence, opposite parties were proceeded against exparte vide order dated 04.5.2018.
4. Counsel for the complainant tendered into evidence affidavit of complainant Ex.C1 along with documents Ex.C2 to Ex.C7 and closed the evidence.
5. On going through the file and taking into consideration the documents produced on the file by complainant, it is established that complainant is a consumer of opposite parties as he got his mobile connection “port” from Idea to Airtel and after that he did not receive any internet data connection on his mobile set and in today’s life where most of our routine and business activities depend upon the use of Internet. The complainant must have felt harassed. The services which he hired for betterment have proved to be responsible for his harassment and the complainant has lost his mental peace. In order to prove his allegations the complainant has produced e-mails sent to the opposite parties at different times and are Ex.C2 to Ex.C7 in which the complainant categorically asked the officials of opposite parties to solve his problem of internet connection on different dates from 15.2.2018 to 22.2.2018. Complaint wrote so many times to opposite parties but they never responded neither did they solve the problem. Ex.C2 is the legal notice sent to opposite parties by e-mail but that also could not serve the purpose and having no alternative, the complainant approached this Forum. The arrogant and unprofessional behaviors of opposite parties is proved by the fact that earlier they did not respond to the e-mails and now even after notice of this Forum they failed to appear and contest the complaint and were proceeded against exparte.
6. From the above discussion this Forum finds force in the contentions of counsel for the complainant and feels that complainant must have felt mentally and physically harassed after not getting the proper services even after so many requests. He has opted the company of opposite parties for better services but the same is not done rather he has invited troubles for himself as without internet service on mobile phone he has suffered loss to his business and social activities also. Moreover, the version of complainant is not rebutted by opposite parties as they are exparte in the present complaint, so we have no solid reason to disbelieve the version of complainant and he deserves to be compensated for the harassment he suffered at the hands of opposite parties.
7. In view of above detailed discussion, the complaint of the complainant is partly accepted and opposite party no.5 and 6 are directed to correct data services of the complainant by following the proper procedure within 15 days from the date of receipt of copy of the order. Further due to harassment caused to complainant by interrupting his data services opposite party no.5 and 6 are directed to pay compensation to the tune of Rs.3,000/- and Rs.2,000/- as litigation expenses. Entire compliance to be made within 30 days on receipt of the copy of this order.
8. Copy of the orders be issued to the parties free of cost and file be consigned to record. Announced in open Forum. The complaint could not be decided within prescribed time due to rush of work.
ANNOUNCED: (Rachna Arora) (Rajita Sareen)
September 24, 2018. Member Presiding Member
MK
