PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 162/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Priti Kakar,

W/O-Pawan Kakar,

D/O-Late Bal Kishan Hans,

At-112, Gujrati Colony, Sadar, Sambalpur-768001,

PS/Dist-Sambalpur, Odisha.                                          ….…......Complainant.

                                    -Vrs.-  

The Manager, Airtel Office,

Plot No. 1920/2643, PNB Complex, Veer Surendra Sai Marg,

Beside Hotel Uphar, Sakhipara, Sambalpur,

Dist-Sambalpur-768001.                                                         …………........Opp.Party

Counsels:-

1. For the Complainant         :- Sri. A.K. Mishra, Adv.
2. For the O.P.s                       :- Sri D.K.Pani & Associates

Date of Filing:06.10.2023,Date of Hearing :13.02.2024,Date of Judgement : 09.04.2024

  Presented by Sri. Sadananda Tripathy, MEMBER

1. The case of the Complainant is that the Complainant had applied for Airtel DTH Black Combo Plan from the OP. Before Installation of the Connection the Airtel Representative visited the site of the Complainant House and after thorough observation and feasibility study, the Authorized person of the Company gave positive Report for Installation. Thereafter, the Complainant had paid Rs. 1501.18 in the company Account and on 12^th April 2003, the Airtel Staff installed WIFI in the house of the Complainant and informed the Complainant that the Setup Box will be installed shortly, and their Representative will contact and install the same shortly. After waiting for some days, when the Complainant enquired about the installation of DTH Setup Box, they are informed that, Airtel DTH Black  order has been Cancelled from their end, the DTH is not installed due to Non-feasibility in the area, and refund process will be initiated within 7 to 10 working days. The connection of WIFI without DTH SETUP BOX is valueless, for the Complainant. The Complainant has chosen the Airtel DTH Black Combo Plan with great expectation, considering Airtel’s reputation for providing excellent service, but the lack of action and response from the company has been highly disappointing to the Complainant. Out of several communication, no result come out. Hence this case.
2. The OP submitted that the Complainant applied for Broadband connection under Airtel DTH Black Combo Plan floated by the OP on 12.04.2023. On the same day, the Broadband connection was provided to the Complainant. The DTH connection was to be given on the next day. However, most unfortunately, curfew was declared in Sambalpur Town with effect from 13^th April, 2023 and all the citizens of the Town were directed to be remain inside their house and the internet facility was suspended. The curfew was ultimately lifted on 23^rd April, 2023 but it took some time for restoration of normalcy in the Area. As such it was not feasible at the relevant time to give DTH connection. After the normalcy is restored, the Complainant was contacted for the connection but the Complainant was not interested for the same and didn’t cooperate with the staff for installation of the DTH. The Complainant told the staff that he is already using services from other network which was not available for some time for which he applied for the new connection. Since the other network is working, he is not interested to get this connection and sought for refund. Though the Complainant is not entitled for refund, the staff of the Airtel processed for refund which could not be possible with the fact that the Broad Band connection was already activated and the DTH service couldn’t be activated due to reasons beyond the control of AIRTEL. The Complainant applied to subscribe the Airtel DTH Black Combo Plan accepting the terms and conditions. Therefore, he is bound by the terms and condition of the plan. The terms and conditions clearly stipulates that all services provided by Airtel on an As-Is-As-Available basis. It is also clearly stipulated that Airtel makes no representation, guarantee or warranty regarding the availability, fitness for any specified purpose or error free operation of the network. So the prayer made in the complaint has no merit whatsoever and liable to be rejected with cost.
3. After going through the records, evidences and submission of parties, it is observed that before Installation of the Connection, the Airtel Representative visited the site of the Complainant House and after observation and feasibility study, the Authorized person of the Company gave positive Report for the Installation. Thereafter, the Complainant had paid Rs. 1501.18 in the company Account and on 12^th April 2003, the Airtel Staff installed WIFI in the house of the Complainant and informed the Complainant that the Setup Box will be installed shortly. But the Airtel DTH Black order has been cancelled and in its cancellation letter the Airtel Authority mentioned that “As per your concern, I checked in our records and noted that Airtel black order has been cancelled from our end. DTH is not installed due to non-feasibility in your area”. So, the version submitted by the OP is contradictory as in its cancellation there is no mentioned about the curfew. Hence deficiency in service found against the OP. Accordingly, it is ordered.

                             ORDER

The O.P is directed to refund Rs. 1501.18 towards cost of Airtel Dth Black Combo Plan, Rs. 20,000/- towards negligence, deficiency in service as Compensation and Rs. 10,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 9^th day of April, 2024.

Free copies of this order to the parties are supplied.