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Urgent : Consumer case

Querist : Anonymous (Querist) 26 February 2011 This query is : Resolved 
DEar All Experts,

One of my friend used Prepaid Airtel sim No. last 7 years, 2months before he could not give address proof as per airtel request, so after one week ago they were suddenly disconnected the connection, after contact the local authorized service center, that time they asked some address proof and id proof, and letter also provided, after one month they gave the dublicate sim but not activated the same number last week, mean time where sent the mail to nodal office also they told that soonly your number will activated,but not activated,but 3 days before the number has been activated, we tried to that number unexpected some one pickuped out call then we were asked to that person he told that i am newly connected and buy this number, now can i go to consumer forum for cheating and mutated of my number, i have all mail transaction and dublicate sim also, kindly advice me if i suit file a case to the consumer forum, can i win the case?
Devajyoti Barman (Expert) 26 February 2011
Though you can take recourse to law to redress your grievance but Consumer Forum is not the right recourse. You have knock the doors of Telecom Regulatory Authority of India.
Arvind Singh Chauhan (Expert) 26 February 2011
I do agree with Barman Sir. At first issue legal notice to airtel.
Advocate. Arunagiri (Expert) 26 February 2011
TRAI will not take any action on these type of complaints. You have to file a consumer case only.
Devajyoti Barman (Expert) 26 February 2011
Consumer forum's jurisdiction is barred to entertain any type of complaint against a telecom service provider.
Rajneesh Madhok (Expert) 04 March 2011
This is a fit case to file before the Consumer Dispute Redressal Forum. In your case two times the mistakes have been occured. Once after submission of proof your connection has not been activated and second time after issuing the duplicate Sim your connection has not been activated. Lodge complaint with the District Forum. First of all send Notice to the opposite party and wait for 15-30 days and then file complaint with Consumer Disputes redressal Forum. Kindly refer to K.C. Varshney V. M.T.N.L. 2001 (1)CLT 255: 2000 (2) CPR437:1 (2000) CPJ 488 (Delhi) In this case where the telephone was disconnected twice for no-payment of dues which had already been paid in time. Held, that mistake can ocur once but not twice. The opposite party acted in careless and negligent manner, therefore the opposite party was liable to pay compensation.
Rajneesh Madhok


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