IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Friday the 5th day of October, 2021
Filed on 23.11.2019
Present
1. Sri.S.Santhosh kumar.Bsc.LLB(President)
2. Smt. Sholly.P.R ,LLB (Member)
In
CC/No.316/2019
Between
Complainant:- Opposite parties:-
Smt. Selina.C The Manager
Madathilparambil SS.Enterprises
Poonthoppu Ward Airtel Prepaid Store
Avalookkunnu.P.O Near SBI Town Branch
Alappuzhha CCSB Road
(Party in Person) Alappuzha-688013
(Adv. Dileep Rahman)
O R D E R
SMT. SHOLLY.P.R (MEMBER)
The complainant was a user of Airtel SiM num 9645641526 and before that complainant was the user of Vodafone connection with the same number. The said Vodafone connection was ported to Airtel connection, believing their advertisement saying that porting to Airtel connection from any other SiM is free of cost all over Kerala. On 18/11/2019, the complainant contacted opposite party for porting the SIM and the complainant had to pay an amount of Rs.550/-. The complainant was cheated and faced mental agony due to the incident. Hence this complaint for allowing compensation from the opposite party.
2. Version of the opposite party is as follows:-
The complainant came to the opposite party’s office for porting the SIM and after that recharged for 3 months with 1.5GB per day package costing Rs.495/-. A sum of Rs.55 was added for service charges and cost for new SIM. Total amount of Rs.550/- was received from the complainant for the above said services. Thus the complaint may not be sustained.
3. On the above pleadings the points raised for consideration:-
1. Whether there is any deficiency in service on the part of opposite party?
2. Whether the complainant is entitled to get relief as sought for in the complaint?
3. Reliefs and costs?
4. Evidence consists in this case oral evidence of PW1 and Ext.A1 to A 3 on the part of complainant and proof affidavit of opposite party and Ext.B1 document on the part of opposite party. Heard the complainant
5. Point No.1 and 2:-
For the sake of brevity these 2 points are considered together. Complainant filed proof affidavit in tune with the complaint and examined as PW1 and marked Ext.A1 to A3.
Opposite party also filed proof affidavit in tune with their version and marked Ext.B1.
6. Admittedly the complainant had ported her Vodafone connection to Airtel on 18/11/2019. She had to pay Rs. 550/- toward the said transaction. But according to the PW1 in advertisement of the Airtel company the porting of the connection is free of cost and the amount obtained by the opposite party was by way of cheating and it caused mental agony to her. On perusal of Ext.A3 it reveals that the charges obtained by the opposite party as per the said document are MNP activation charge Rs.50, SIM charge Rs.5/- and first recharge for 3 months Rs.495/- etc. According to the opposite party Rs. 495/- was obtained as cost for recharging for 3 months with 1.5GB per day. The opposite party also admitted that Rs.50 was the service charge and Rs.5/- was cost for new SIM. Moreover the PW1 had not brought out any evidence to prove the porting of Airtel connection free of cost. During cross examination alsoPW1 admitted the same and all other contentions of the opposite party alleged in the version. Further it is to be noted that PW1 had to withdraw from the transaction at every moment knowing the disparity as alleged by her against the opposite party before payment of the amount. In this circumstance it is pertinent to note that no attempt was made by the complainant for cross examining the opposite party. Accepting the unchallenged version and proof affidavit of opposite party and the other discussions made earlier we hold the view that there is no deficiency in service on the part of opposite party as alleged by the complainant. These points are found against the complainant.
7. Point No.3:-
In the result the complaint stands dismissed. No cost.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 5th day of October, 2021.
Sd/-Smt. Sholy.P.R(Member)
Sd/-Sri.S.Santhosh Kumar(President)
Appendix:-Evidence of the complainant:-
PW1 - Selina.C
Ext.A1 - Copy of Airtel 4G connection
Ext.A2 - Copy of Terms and conditions
Ext.A3 - Copy of Receipt
Evidence of the opposite parties:-
Ext.B1 - Copies of Advertisement
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
