BHARTI AIRTEL LIMITED Vs. MUNISH KUMAR

JUDGEMENT

(1.) MUNISH Kumar respondent No. 1 was a subscriber of prepaid mobile phone No. 98150 -83251 with the appellants for the last about three -four years. On 30.12.2006 he was to pay obeisance in the holy temple of Mata Vaishno Devi. He got booked rooms in HotelNew Ashok at Katra and had also got booked helicopter tickets (MBDH -2523 and MBDH -2548) from Katra to Mata Vaishno Devi's Bhawan. The payment of these tickets were made by respondent No. 1 through two credit cards. On return journey he was to travel through Shalimar Express and got reserved tickets on 31.12.2006 at 9.00 p.m.

(2.) IT was further pleaded that respondent No. 1 approached the appellants through Customer Care No. 98150 -98150 on 28.12.2006 to know the roaming facility in Jammu and Kashmir on his prepaid mobile connection. But he received the reply that the query could not be answered as respondent No. 1 dialed frequently on Customer Care Number. Respondent No. 1 was advised by the Customer Care of the appellants to send SMS on 121 to get the required information. Respondent No. 1 accordingly sent message on 121 on 28.12.2006 for knowing about roaming services in Jammu and Kashmir. The appellants replied through SMS that the query shall be answered within 24 hours.

(3.) IT was further pleaded that respondent No. 1 again sent SMS on 29.12.2006 on 121 to know if the roaming was available for Airtel prepaid mobile phone in Jammu and Kashmir and respondent No. 1 received the reply from the appellants through SMS that they would answer within 24 hours. On 30.12.2006 at about 10.45 a.m., respondent No 1 received the SMS from the 121 of the appellants as under: "Dear Customer, this is to inform you that your roaming is pre -activated on your Airtel account. Regards Airtel. From Airtel. 10.45 a.m. 30 Dec. 2006."