38.6c New Delhi, India, Tuesday, June 25, 2024
Judiciary

Complaint For Wrongful Deduction Of Amount By Mobile Operators Can Be Filed In Consumer Forums: HP SCDRC [Read Order]

By LawStreet News Network      15 May, 2019 12:00 AM      0 Comments
Complaint For Wrongful Deduction Of Amount By Mobile Operators Can Be Filed In Consumer Forums: HP SCDRC [Read Order]

The Himachal Pradesh State Consumer Disputes Redressal Commission on May 9, 2019, in the case of Bharti Airtel Ltd. & Ors. v. Rohit Sharma has observed that complaints for wrongful deduction of the amount by mobile operators can be filed in consumer forums.

The state commission was hearing an appeal filed by Bharti Airtel against the judgment passed by the District Forum wherein the forum had allowed the complaint of Rohit Sharma.

In this case, the complaintant, Rohit Sharma moved the District Forum pleading that Airtel deducted an amount of Rs.200 in an illegal manner from his main account. It was alleged that, thereafter an amount to the tune of Rs.148 was credited by the mobile operator in the account of the complainant, however, the balance Rs.52 was not credited thus the company committed deficiency in services.

The District Forum allowing the said complaint ordered the mobile operator to pay Rs.52 to the complainant along with interest @ 9% per annum. The forum also awarded a punitive compensation of Rs. 2000 to complainant and further ordered the company to pay a litigation cost of Rs. 4000 to the complainant.

In the appeal, Airtel sought the dismissal of consumer complaint on the ground that a special remedy is provided under section 7-B of Indian Telegraph Act, 1885, and jurisdiction of consumer Fora is prohibited.

However, the Bench rejected the said contention and observed that “It is well settled law that under section 3 of Consumer Protection Act 1986 remedy under Consumer Protection Act 1986 is additional remedy. It is well settled law that Consumer Protection Act 1986 is enacted to protect the interest of consumer. It is also well settled law that there is no provision under Consumer Protection Act 1986 which bars filing of consumer complaint by consumer on the concept of alternative remedy. Opposite parties have received consideration amount from complainant for service rendered and present matter falls within definition of consumer as defined under section 2(d) of Consumer Protection Act 1986.”

The State Commission said that present matter could be disposed of in proper and effective manner under Consumer Protection Act, 1986, and it is not expedient in the ends of justice and on the principle of natural justice to relegate complainant to civil court.

With this view, the Commission dismissed the appeal filed by Airtel and confirmed the order passed by the District Forum.

[Read Order]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

kejriwal-moves-sc-against-delhi-hc-order-blocking-his-release-in-liquor-policy-case-plea-seeking-urgent-hearing-likely-to-be-mentioned-today
Trending Judiciary
Kejriwal moves SC against Delhi HC order blocking his release in Liquor Policy case; plea seeking urgent hearing likely to be mentioned today

Kejriwal moves SC against Delhi HC order halting his bail in liquor policy case; urgent hearing plea likely to be mentioned today.

24 June, 2024 10:47 AM
uapa-tribunal-confirms-ban-upon-two-jk-outfits
Trending Executive
UAPA Tribunal confirms ban upon two J&K outfits

UAPA Tribunal confirms ban on ‘Muslim League J&K’ and ‘Tehreek-e-Hurriyat J&K’ for secessionist activities under Section 3(1) of the anti-terror law.

24 June, 2024 11:10 AM

TOP STORIES

mk-stalin-urges-amit-shah-to-withdraw-new-criminal-laws
Trending Executive
MK Stalin Urges Amit Shah to Withdraw New Criminal Laws

Tamil Nadu CM Stalin urges Home Minister Amit Shah to withdraw new criminal laws, citing lack of consultation and fundamental errors in the enactments.

19 June, 2024 11:16 AM
calcutta-hc-mandates-reservation-for-transgenders-in-west-bengal-public-employment
Trending Judiciary
Calcutta HC mandates 1% reservation for transgenders in West Bengal Public Employment [Read Order]

Calcutta HC directs 1% reservation for transgenders in West Bengal public employment, ensuring equal opportunities and implementing Supreme Court’s 2014 mandate.

19 June, 2024 11:33 AM
supreme-court-to-organise-special-lok-adalat-from-july-to-aug-to-mark-its-th-anniversary
Trending Judiciary
Supreme Court to organise Special Lok Adalat from July 29 to Aug 03, to mark its 75th anniversary [Read Press Release]

Supreme Court to organize Special Lok Adalat from July 29 to August 03 to facilitate amicable settlements of pending cases, marking its 75th anniversary.

19 June, 2024 11:50 AM
post-office-act-comes-into-force-repeals-year-old-legislation
Trending News Updates
Post Office Act 2023 comes into force, repeals 125 year old legislation [Read New Post Office Act]

India enacts the Post Office Act 2023, replacing the 125-year-old Indian Post Office Act of 1898, to modernize and regulate postal services.

19 June, 2024 12:29 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email