The East District Consumer Disputes Redressal Forum gave its order, relying on complainant Asha Sharma's affidavit which said she had paid Rs 1,000 to Airtel for its mobile telephone services but the firm never activated the SIM card issued to her despite repeated requests.
"Complainant (Sharma) claims cheque (of Rs 1,000) was realised but opposite party (Airtel) failed to activate the connection in spite of promises. She has not produced any evidence to confirm that cheque was encashed.However, she has affirmed on affidavit that cheque has been encashed by opposite party and they did not activate the connection.
"This affidavit is uncontroverted (un-challenged). Therefore, there is no reason to disbelieve it. We direct opposite party to refund Rs 1,000 to the complainant towards the cost of the SIM along with a compensation of Rs 5,000 for harassment and as litigation charges," forum President N A Zaidi said.
Sharma had submitted in her complaint that she had opted for a new scheme/product launched by the telecom firm called 'Airtel Money' and had paid Rs 1,000 by cheque for it. She had been issued a SIM card with the assurance that as soon as the cheque is encashed, the connection would be activated, she had said.
The telecom firm, however, encashed her cheque but but did not activate the connection on one or the other pretext, she had alleged.
The forum decided to proceed ex-parte against the telecom major as "in spite of notice sent by registered post, opposite party did not contest the case". The bench also directed Sharma to return the SIM card to Airtel.
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