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Consumer complaint – Telecommunications services -Interesting case, facts and the relief

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The complainant – consumer has Airtel mobile SIM Card connections.  He has filed complaint for deficiency in telecommunication services and claimed various reliefs including –

(i)        Rs.11,73,4070/- as compensation for deficient service

(ii)       Rs.448,22,00,000/- as liquidated damages for call drops and

(iii)     Rs.443,73,780,000/- in PM Relief Fund

The Complaint was dismissed, amongst others, on the following grounds –

(a)       The definition of “service” under Section 2(1)(o) of the Consumer Protection Act though an inclusive definition does not include “telecommunication services” thereby showing lack of subject matter of jurisdiction in the purported complaint.

(b)      In case of no wilful default in rendering the service, there is no deficiency in service.

(c)       Complainant had paid total bills of Rs.11734.07 for three SIM Cards.  However, he had claimed compensation running into crores of rupees.   Section 73 of the Contract Act says that the compensation can be awarded to the extent of the loss suffered for breach of the contract.

Terms of the contract provide “1(b) All services are subject to network availability, Airtel’s wireless telecommunication network used for providing the services (network is made available on an as is as available basis and Airtel makes no representation, guarantee or warranty regarding the availability fitness, 12 quality or reliability of the network whatsoever.

Airtel’s network availability may be adversely affected due to force majeure circumstances, any acts of God and also due to limitations caused by global graphical / geographic / demographic factors.

Network and services may also be affected in cases where interconnection with other networks may not be available or for routine maintenance works including any updates / upgrades / repairs etc.  

In no circumstance shall Airtel be responsible or liable, in any manner whstsoever, irrespective of the nature of damages, whether or not such damages could have been foreseen / prevented by Airtel and even if Airtel had been informed of the possibility of such damages for any loss of data, network, unavailability, service unavailability or any other claim whatsoever related to the quality or availability or sufficiency of the network or services.

Judgment dated 10.5.2024 of National Consumer Disputes Redressal Commission in Consumer Case No.1295 of 2015 of Anand Arya Vs. Bharti Airtel Limited and others

 

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