Consumer Court Notice sent to Airtel some days back
To,
The Customer Service Manager
Bharti Airtel Ltd.,
Oceanic Towers, 8th Floor,
101 Santhome High Road,
Santhome, Chennai - 600028
Sub: Notice before filling complaint under the Consumer Protection Act 1986 (Central Act 68 of 1986)
Dear Sir,
I, Shri. Devdatta Rivonkar, xxxxxx, am hereby sending you this notice as follows:
That in July, 2014, I visited Airtel's website www.airtel.in and showed interest in availing Airtel's Fixed Line Broadband service. Subsequently, I got a call from Airtel and I provided them with my address details. A few days later, I got a call from Airtel confirming the technical feasibility in providing me a Fixed Landline Broadband connection.
AND WHEREAS on 23rd July, Mr. xxxx Verma (729929xxxx), on behalf of Airtel, Chennai came over to my residence to complete the formalities for applying for a new Fixed Landline Broadband connection. He collected my PAN Card copy as Proof of Identity and Rental Agreement as Proof of Residence. I selected the 4 MBPS 15 GB plan and paid the first month's Advance Rental of Rs.1299/- by cash. Kindly refer to Application Serial Number TNPB28xxxx for details hereof;
AND WHEREAS I was assured by Mr. xxxx Verma that the connection will be done in the next couple of days, I did not hear from Airtel or their agent Mr. xxxx Verma ever since then;
AND WHEREAS I tried calling Mr. xxxx Verma a number of times on his mobile, but he intentionally did not receive my calls. I then sent him SMS's informing him about the issue, but I did not hear back from him;
AND WHEREAS, I then called Airtel on 4th August 2014 and informed them about the issue. I was informed that I will be receiving a refund of the amount paid within 21 days, however till date I have not received the amount;
AND WHEREAS, I again called Airtel on 23rd June, 2015 and asked for a refund of the amount. I was again assured that I will be receiving the amount within 23 days. However, given the series of experiences with Airtel, their assurances are not trust-worthy;
Given the above circumstances, Airtel, Chennai has indulged in the following:
"Unfair trade practice" by adopting unfair method or deceptive practice of making statement, whether orally or in writing or by visual representation, which falsely represent that the service will be rendered even though it is not technically feasible to render such a service
“Unfair trade practice” by making a promise to refund the cost of the service, but the promise being materially misleading and there being no reasonable prospect that such promise will be carried out;
“Restrictive trade practice” by imposing on the consumers unjustified costs or restrictions including delay beyond the period agreed to in providing the services which has led or is likely to lead to rise in the price;
AND WHEREAS, it is evident from the above facts that Airtel,Chennai has failed to provide us the service as per its offer. Further Airtel, Chennai has failed to respond to our complaints within a reasonable time thereby denying us the services we are entitled nor have they provided us with the refund in a timely manner. As such, we are compelled to send you this notice at the email address mentioned at your registered website.
We are giving you a time limit of 5 calender days from the date of receipt of this notice to settle our grievances, by
- Providing us full refund of the Advance Rental of Rs.1299/- along with Rs.10,000/- towards Compensation for Inconvenience caused and Mental Agony, and also towards Expenses towards Legal fees, Telephone calls, Internet charges, Interest Charges, etc, failing which we will file a complaint against you with the Consumer Court at your cost, risk and consequences, as we are protected under the Consumer Protection Act of 1986. Kindly note that the same shall be in addition to any and all other rights and remedies that may exist at law, including section 420 of the Indian Penal Code.
This notice is sent to you via email/electronic medium since the INFORMATION TECHNOLOGY ACT, 2000 provides legal recognition for data exchange and transactions carried out by means of electronic media and other means of electronic communication.
Thanking you.
Yours sincerely,
Devdatta Rivonkar
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The airtel person came to my house yesterday and returned the amount along with interest @ 10% p.a. more