05 June 2024 Consumer Protection Act >> Consumer Rights  

An Indian Army soldier has won a legal case against Bharti Airtel Limited (Airtel) after a fraudulent duplicate SIM card led to a financial loss of Rs. 2,87,630. The soldier, stationed in Jammu & Kashmir, lost access to his original SIM card and later discovered unauthorized withdrawals from his bank account linked to the mobile number.

The crux of the case revolved around jurisdiction. The soldier filed a consumer complaint against Airtel in Almora, his place of service. Airtel contested the Almora forum's jurisdiction, arguing that the SIM card was issued elsewhere and the fraudulent activity occurred in a different location. The State Commission initially sided with Airtel, dismissing the complaint due to lack of jurisdiction.

However, the soldier challenged this decision through a Revision Petition (RP). The RP court, interpreting the Consumer Protection Act more broadly, ruled in favor of the soldier. The court acknowledged the nationwide presence of Airtel's offices and the soldier's limitations in pursuing the case elsewhere due to his service commitments.

Furthermore, the court pointed out Airtel's negligence in verifying the identity of the individual who requested the duplicate SIM card. This failure to perform due diligence was deemed a deficiency in service, directly contributing to the soldier's financial loss.

Consequently, the RP court set aside the State Commission's order and reinstated the decision of the District Forum. This verdict requires Airtel to compensate the soldier for the entire amount fraudulently withdrawn from his bank account.

  Consumer Protection Act, 1986