DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUBARNAPUR

C.D. Case No.12 of 2016

Girija Shankar Sahu, S/o. Late Iswara Chandra Sahu, aged about 55 years, Occupation – Govt. Service, R/o. Ramjinagar, Sonepur, P.O./P.S. Sonepur, District – Subarnapur.

………….. Complainant

Vrs.

1.         S.D.O., Telecom BSNL, Sonepur,  P.O./P.S. Sonepur, District – Subarnapur

2.         Telecom District Manager, BSNL Bolangir,  P.O./P.S./District – Bolangir,

………….. Opp. Parties

Advocate for Complainant                                        ……….  Sri U.N.Purohit

Advocate for the O.Ps.                                                 ……….  Sri S.K.Sandha

Present

Sri S.C.Nayak, President

Smt.S.Mishra,     Lady Member

Sri H.Padhan,     Male Member

Date of Judgment  Dt.07.03.2018

J U D G M E N T

By Sri S.C.Nayak, P.

            This is complainant’s case alleging deficiency of service on the part of the B.S.N.L. authorities.

            The case of the complainant is that he is consumer of telephone service and Broad Band service. The complainant was paying his dues regularly and he was not a defaulter. But the O.Ps. were not providing proper services. The internet failed for months together. After repeated approaches some staff of the O.Ps. came and did some minor repaired  and temporary adjustment was done. But the temporary adjustment of line again and again was disconnected due to wind and rain and the O.Ps. failed to solve the problem permanently.

            The complainant avers that instead of providing proper service the O.Ps. demanded repayment of fake bills. The O.Ps. also told the complainant that service will be provided as and when available and the complainant is at liberty to disconnect the landline. The complainant avers that out of disgust he wrote the O.Ps. to disconnect the line on 6.6.2016. But the O.Ps. have not taken any pain to restore the land line Broad Band service or disconnection of the same. Hence the complainant has filed this case claiming Rs.90,000/- for mental agony and loss of communication

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and Rs.5000/- towards cost of litigation. He has also prayed that the O.Ps. be directed to restore the Broad Band land line with proper service on proper bill.

            The O.Ps. have filed version in this case. They have denied the averments of the complainant in the complaint petition. They allege that the complainant was not regular in payment of his bills. They also allege that they have given proper service and it is false to say that the temporary adjustments of the line was disconnected by natural way like wind and rain. The service provided to a customer is calculated and billed by automated computer system and no one can interfere with the same.

            They have also mentioned in para 11 of their version that on 19.8.2016 the connection of the complainant was disconnected due to non payment of outstanding dues. Hence they have prayed that the complaint petition may be dismissed with exemplary cost.

            We have heard the learned counsel for the parties and perused the materials on record. From the pleadings of the parties and submissions of learned counsels during hearing the moot question that requires adjudication by the forum is  : Has there been deficiency of service by the O.Ps.  ?

            We have perused the documents filed by the parties. The complainant has alleged that time and again he has approached the O.Ps. for permanent solution of the problem. The O.Ps. have averred that they are not deficient in rendering service to the complainant. The complainant has written letter to the T.D.M. Bolangir for disconnection of his land line on 6.6.2016 as he was not getting proper service. This letter has been received in the office of the T.D.M. Bolangir on 7.6.2016. After 7.6.2016 what action was taken on the letter is not known. If the complainant was a defaulter his line could have been disconnected on 7.6.2016 or immediately there after when the complainant demanded for the same. In the instant case the connection of the complainant  was  disconnected  only on 19.8.2016 on the ground of non payment of

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bills. So the complainant was forced to use the Broad Band line for more than 2 months. He was also forced to bear the bills for the same period. Further more the O.ps. have not responded to the letter of the complainant dt.6.6.2016. This according to us is deficiency of service on the part of the O.Ps.

            Now it is to be seen to what relief the complainant is entitled. The advocate for the complainant submitted that the complainant is not interested in reconnection of his line. He should be compensated for deficiency of service. Taking the facts and circumstances into consideration we are of the considered view that a sum of Rs.3000/- towards compensation for deficiency of service and Rs.2000/- towards cost of litigation would meet the ends of justice. We direct the O.Ps. to pay this amount to the complainant within one month from the date of order.

ORDER

            It is hereby ordered that the O.Ps. are directed to pay Rs.3000/- to the complainant within one month from the date of ordered. Complaint is partly allowed.

Dated the 7^th March 2018

                                                                                                                   Typed to my dictation

                            I agree.                                I agree.                              and corrected by me.

                         Sri H.Pradhan,                     Smt.S.Mishra,                                Sri S.C.Nayak

                         Male Member                       Lady Member                                     President

                          Dt.07.03.2018                        Dt.07.03.2018                                   Dt.07.03.2018