Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Deficiency in service

(Querist) 08 February 2012 This query is : Resolved 
I took a postpaid mobile connection in 2008 from Airtel and activated GPRS @249 per month. Service was good till Dec-2010 but from January 2011 there is a lack of quality in service. Speed is dead slow. I made lots of complaints and approached Appellate authority of the Airtel. Instead of resolving the issue, they waive the charges of GPRS rental which is 249/month.

Can I move to consumer court for deficiency in service on the part of Airtel?

Can they take this stand in court that we waive the charges every month so where is the deficiency..

Please suggest possibilities and citation to win in court as I am not able to use internet due to this issue..

S.B.adil rahman (Expert) 08 February 2012
The cause of action had already arisen when you lodged complaint with them.They will be liable for their deficient services prior to disconnection of the GPRS. Would you inform as to what reason they had given for waaiving your current charges? Any way, the deficiency has already been shown by them and you can move under COPRA 1986 if they fail to compensate you on your notice.
ajay sethi (Expert) 08 February 2012
it is your own case that for 30 months service of airtel was good . it is only from month of january 2011 service was poor and they have subseqent to your complaint waived off GPRS rentals .

they have been considerate ,

if you file complaint before consumer forum you have to prove loss suffered by you on account of poor GRPS service .

you can always change yout service provider .

Shailesh Kr. Shah (Expert) 09 February 2012
Can they take this stand in court that we waive the charges every month so where is the deficiency..

Answer: Yes.

But you have to prove that loss suffered by you on account of poor GRPS service.

But it is weak case. since amount is waived.
Deepak Nair (Expert) 09 February 2012
It will be wise not to go for a consumer complaint as it is difficult to make out unfair trade practice or deficiency in service, because they have responded to your complaint and waived off the charges for bad services.

Please note that a consumer is the one who buy goods/services for a consideration paid/partly paid/or promised to pay.

Since your charges are waived off, they have a strong defence as they have not charged any amount for their services.
prabhakar singh (Expert) 09 February 2012
You should not file complaint for the reason you have that charges have been waived hence here now it is free affording you no cause of action to file any complaint.
Sudhir Kumar, Advocate (Expert) 10 February 2012
your query does not indicate as to what loss you sustained due to the deficiency in services. hence the views of Mr Prabhakar Singh, Mr Ajay Sethi, Mr Deepak Nair and Mr Shailesh Shah are agreed.
V R SHROFF (Expert) 10 February 2012
Though you must have sustained loss, The fact of their waived off the charges for bad services, and with knowledge, you did not change your service provider, will hardly give benefit, against the trouble to go to consumer forum.
So it is not recommended.

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