Charged Rs 65,000 for data while on a flight: Consumer court orders BSNL to pay Rs 30,000 compensation
NEW DELHI: A district consumer commission in Chhattisgarh, in its July 8 order, directed Bharat Sanchar Nigam Limited (BSNL) to revise a customer’s mobile bill and pay compensation after finding that he was wrongly charged for international roaming data while he was on a flight from Thailand to India. The commission held that since the complainant was on a flight during the period for which the data usage was billed, it was impossible for him to have used mobile data.BSNL international roaming dispute: How did the case begin?The complainant, Mrigank Shekhar Das, a BSNL mobile subscriber, received a bill of Rs 89,991 for the billing period between April 16 and May 15, 2017. Of this, Rs 65,108.79 had been charged towards international roaming data usage on May 13, 2017, as per the court order.Das claimed that at the time the alleged data was used, he was travelling on a flight from Thailand to India, which makes it impossible for him to use the mobile data. He then pointed out that BSNL had collected a Rs 5,000 security deposit for international roaming but failed to adjust it in the bill.Seeking an explanation for the same, he filed applications under the Right to Information Act asking BSNL to provide details of the data usage. According to the complaint, the telecom company replied that the requested information was not available and after that the telecom company disconnected his incoming mobile services without issuing a revised bill.The complainant then approached the District Consumer Disputes Redressal Commission, Raipur, seeking correction of the bill, refund of the disputed charges, compensation and litigation costs.However, BSNL argued that the billing was generated based on international roaming records and that the complainant had used mobile services while in Thailand. It also contended that disputes relating to telecom services were governed by the Indian Telegraph Act 1885 and therefore could not be decided by a consumer commission.What did the consumer court say about BSNL’s billing?The bench comprising President Dakeshwar Prasad Sharma and members Nirupama Pradhan and Anil Kumar Agnihotri examined the complainant’s flight records, boarding documents and the disputed billing details.It found that the international flight departed Thailand at 5.10 am (Thailand time), which was 3.40 am Indian Standard Time, and that the complainant remained onboard the aircraft until around 5 am Indian time. However, the disputed bill showed mobile data usage at 4.35 am Indian time—when he was still in the air.“It is clear that the complainant was on the flight during the period in question. Therefore, the use of mobile data or a mobile phone during that time was not possible,” the commission observed while holding that the disputed data charges had been wrongly added to the bill.The commission also noted that despite the complainant repeatedly disputing the bill and seeking a revised invoice, BSNL neither properly examined his grievance nor corrected the billing. Instead, it disconnected his mobile connection for non-payment.Holding this to be deficiency in service and an unfair trade practice, the commission directed BSNL to remove the Rs 65,108.79 wrongly charged towards data usage, adjust the Rs 5,000 international roaming security deposit and issue a fresh bill.It also awarded the complainant Rs 25,000 for mental agony and damage to his reputation, along with Rs 5,000 towards litigation costs. The commission directed BSNL to comply with the order within 45 days.
