S. N. Aggarwal, President—This order will dispose of two appeals namely First Appeal No.1653 of 2007, M/s Bharti Airtel Limited & others v. Shri Narinder Kumar Jain, and First Appeal No.10 of 2008, M/s Bharti Airtel Limited v. Shri Randhir Sharma, as the questions of law and facts involved in both the appeals are identical. For the sake of convenience, facts are taken from First Appeal No.1653 of 2007 and the parties would be referred by their status in this appeal.

2. Narinder Kumar Jain, respondent is an Income Tax Advocate running his practice at Amritsar. He was holder of Pre-paid mobile connection No. 98150-72918 and was the customer of the appellants. He received a call from the Call Centre of the appellants from Mr. Gaurav who advised the respondent to have hello tune of “Dhan Dhan Teri Sikhi” free of cost for one year. However, the respondent declined to have it as he was a professional, and therefore, he did not need any hello tune. However, the appellants activated the said hello tune from their Mobile No. 678000/678 on 16.3.2007. The respondent took up the matter with the office of appellants at Hall Bazar, Amritsar and requested them to de-activate the hello tu