Chandigarh

DF-II

CC/270/2019

Rajeev Gupta - Complainant(s)

Versus

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

Kshitij Sharma Adv. & Balwinder Singh Adv.

03 Feb 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	270/2019
Date of Institution	:	01.05.2019
Date of Decision	:	03.02.2020

 

                                       

                       

 

Rajeev Gupta s/o Lt. Sh.O.P.Gupta, Managing Director, M/s Synergy Metals. Pvt. Ltd., C-143, Phase-VII, Mohali.

                                ...  Complainant.

Versus

The Manager, Bharti Airtel Ltd., Plot No.21, IT, Park, Chandigarh, India-160101.

…. Opposite Party.

 

BEFORE:
	SHRI RAJAN DEWAN,	PRESIDENT
	SMT.PRITI MALHOTRA,	MEMBER
Argued by:-
	Sh.Kshitij Sharma, Adv. for the complainant
	Sh.Rajat Pabbi, Advocate for the OP.

      

 

PER RAJAN DEWAN, PRESIDENT

1.         Brief facts of the case as alleged by the complainant are that he is a subscriber of the landline as well as mobile network through a corporate connection in the name of M/s Synergy Metals Pvt. Ltd. and there was approximately 16 numbers including landline and mobile phones (4).   It has further been averred that he has been using the numbers for the purposes of earning his livelihood as he is self-employed and runs an export business of steel related products, received orders, communications over e-mail/whatsapp.   Since he has to travel out of four walls of the office i.e. out of wi-fi networks multiple times in a day, he essential has to bank solely on the mobile network/mobile data for connecting to the internet as well in order to use facilities like e-mail and whatapps. It has further been averred that since past one year, he has been intermittently facing issue i.e. deficiency in service of the OP including but not limited to connectivity issues i.e. calls do not get connected and lack of network at the most of the places in the tricity of Chandigarh, Panchkula and Mohali and even while travelling to Delhi, mobile data issues i.e. the internet stops working completely, call drops in between and voice cracking.  It has further been asserted that the problem has persisted in the last one year but the same has got severe since the last 2-3 weeks and he had written numerous emails to the OP to resolve the issue and even he got served a legal notice dated 25.04.2019 upon it but to no effect. The OP claimed many times that the issue was to be resolved by 29.04.2019. However, the Engineer of the OP stated that the OP had problem with its own systems which are required to be resolved at the back end and for a while the data was restored as well i.e. on the evening of 27.04.2019. Soon thereafter, the problem of mobile data again cropped up in the morning of 28.04.2019. He exchanged number of emails during the period from 24.04.2019 to 30.04.2019 with the OP but they have failed to resolve the issue. Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.    
2.         In its written statement, the OP while admitting the factual matrix of the case has pleaded that the complainant has not approached this Forum with clean hands and the complaint is false, frivolous, vexatious and vague in nature and the same has been filed just to harass the OP and to cause damage to its reputation. It has further been pleaded that the OP is a company incorporated under the Companies Act and is providing mobile connectivity to the prospective subscribers under license from the Ministry of Telecommunications, Govt. of India under Section 4 of the Indian Telegraph Act, 1885. It has further been pleaded that the internet services depends upon many factors and the services were never deficient and there may be a fault with the instrument and other unforeseen circumstances.  It has further been pleaded that the speed of the internet relates to number of factors and the best of internet 4G services are provided. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.         We have heard the learned Counsel for the OPs and have gone through the documents on record.
4.         During the course of arguments, the Counsel for the complainant has stated that the OP had resolved the issue of mobile data and now the complainant restricts the claim only to the compensation for mental agony and physical harassment and litigation expenses.
5.         No doubt, the grievance of the complainant regarding the mobile data has been redressed by the OP only after the filing of the instant complaint before this Forum. It is apt to mention here that before filing the present complaint, the complainant exchanged number of e-mails and even got served a legal notice upon the OP requiring them to resolve the issue in question but they did not take effective steps to redress the genuine grievance of the complainant. Due to this adamant attitude of the OP, the complainant has to initiate the unwarranted litigation against them before this Forum.  
6.         Keeping in view overall facts and circumstances of the case, pleadings of the parties and the documentary evidence on record, we are of the considered view that the ends of justice would be met if the complainant is awarded a sum of Rs.5,000/- on account of compensation for mental agony and physical harassment as well as litigation expenses.
7.         In view of the foregoing discussion, the complaint is allowed with a direction to the OP to pay Rs.5,000/- to the complainant on account of compensation for mental agony and physical harassment as well as litigation expenses  within 30  days from the date of receipt of its copy failing which they shall be liable to pay interest @9% per annum on the awarded amount from the date of this order till it is paid.
8.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 03.02.2020	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER