Karnataka

Dharwad

CC/165/2016

Deepak V.Rege - Complainant(s)

Versus

The General Manager, Bharti Airtel Ltd, - Opp.Party(s)

S.T.Patil

08 Aug 2016

ORDER

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Complaint Case No. CC/165/2016
 
1. Deepak V.Rege
R/o:Rege Building,Near Toll Naka,
Dharwad
Karnataka
...........Complainant(s)
Versus
1. The General Manager, Bharti Airtel Ltd,
55,Divyashree Towers,Bannerghatta Road,
Bangalore
Karnataka
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shri. B.H.Shreeharsha PRESIDENT
 HON'BLE MRS. Smt. M. Vijayalaxmi MEMBER
 
For the Complainant:S.T.Patil, Advocate
For the Opp. Party:
Dated : 08 Aug 2016
Final Order / Judgement

 

Aforesaid case was filed on 25/7/2016 .  Subsequently , it came on board 2/8/2016 to hear on admission and issuance of notice to the respondent.  LC for complainant took time .  Hence it was adjourned to 3/8/2016.  On that day  LC partly submits and took time  for further argument.  Hence adjourned to 4/8/2016.   On that day and subsequent dates till today complainant and his counsel absent. No representation.  The case of the complainant is that complainant had obtained 2 post-paid sim cards from respondent.  The respondent sent bill to his one of the sim .  Since the respondent had charged irrespective of usage has charged excessively. So the complainant did not paid the same, hence the respondent instead of  blocking  the said sim for which the bill was not paid .  The respondent blocked another sim also which was having no arrears and insist the complainant to clear the bill of the sim card which was not paid then only they will activate  the  blocked sim .  The act  of the respondent ,in blocking another sim which has no due, which amounts to deficiency of service by the respondent.  Hence the complainant approached this Forum seeking direction to the respondent to activate the sim which was blocked and having no due and to pay for damages for one lakh and  also issue direction to settle the account of the sim which was blocked for non payment of due amount and to grant such other reliefs.  Based on the pleadings this Forum would like to frame following issues for consideration. 

  1. Whether the complainant as brought  is a consumer complaint and this Forum has got jurisdiction to adjudicate the same?
  2. What order?

Heard. Proceed to order.

 

                                     ORDER

                                Looking into the case on hand and the submission made by the LC coupled with the documents relied ,  the present complaint do not comes within the preview of jurisdiction of Consumer Forum to adjudicate the same.  In this regard this Forum would likes to rely on AIR 2010 SC 90 General Manager Telcom V/S M Krishnan & another ;2012 (2) CPR 122 NC Maniram Pareek V/S Bharath Sanchar Nigam Ltd. And Others; 2012 (2) CPR 313 NC Lokesh Parashar Advocate V/s M/s.Idea Cellular Ltd., .  The Present Complaint is similar with that of , the cases referred here above.  In all the referred cases  it is held consumer Forum cannot entertain telephone disputes .  Hence we inclined to held issue No.1 negatively. In view of the decisions the present complaint is not maintainable.  Hence the complaint is dismissed as not maintainable.  

 
 
[HON'BLE MR. JUSTICE Shri. B.H.Shreeharsha]
PRESIDENT
 
[HON'BLE MRS. Smt. M. Vijayalaxmi]
MEMBER

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