BENGALURU: Holding that not preventing unsolicited and pesky calls and SMSes to mobile numbers of consumers, in spite of activation of ‘Do Not Disturb’ (DND) amounts to deficiency of service, the district consumer commission directed Bharti Airtel Limited and Bharat Sanchar Nigam Limited (BSNL) to jointly pay Rs 25,000 towards compensation, along with 6 per cent interest per annum, and Rs 5,000 towards cost of litigation to the complainants.
Allowing partly the complaint filed by Meeta Jain and her husband Jitendra Jain, who fought the legal battle without engaging a lawyer, the Bangalore Urban Second Additional District Consumer Disputes Redressal Commission passed the order. The Commission, comprising president M Shobha, members B Devaraju and V Anuradha, observed that Airtel and BSNL have failed to address grievances raised by the complainants despite several reminders, with documentary proof of unsolicited, pesky calls, and messages generated even after activation of DND.
The complainants established that both Airtel and BSNL are liable for deficiency of service, the Commission added. The complainants had sought Rs 1 crore as compensation, refund of all bills with penal interest, legal expenditure for unethical trade practice, and prolonged mental and physical harassment, the Commission said. “In our considered view, the compensation sought by the complainants is exorbitant and excessive.
We deem fit that a sum of Rs 25,000 compensation will suffice for the relief sought by the complainants, which they are jointly entitled to, by Airtel and BSNL, along with 6 per cent interest per annum from the date of complaint lodged till payment is made, and Rs 5,000 as litigation expenses to the complainants,” the Commission said. Meeta Jain had taken an Airtel connection whereas Jitendra Jain was using BSNL.
In spite of registering for DND, they received many unsolicited calls and messages, in clear violation of Telecom Regulatory Authority of India regulations, they claimed. They also contended that the pesky texts are routed from across India, for which Airtel and BSNL are making profit from revenues due to packs marketed by them.