Date of Filing:15.03.2008<br /> Date of Order:07.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 7TH DAY OF JULY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 714 OF 2008<br /> <br /> Vishesh Nigam<br /> #116, RK Layout – II Stage<br /> 3rd Main, 4th Cross<br /> Padmanabhanagar<br /> Bangalore 04 Complainant<br /> <br /> V/S<br /> 1. Area Manager (South)<br /> BGTD – BSNL<br /> Office of AM South, No. 123<br /> Prasanna Complex, DVG Road<br /> Bangalore 04<br /> <br /> 2. SDE (PNB)<br /> No. 6, 11th Cross, 15th Main<br /> Padmanabhanagar, Bangalore 70 Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant requesting that opposite party may be directed to give connection to be established ASAP with broadband and reversal of all unnecessary billed amount. The complainant has requested the opposite party for the connection with initial deposit of Rs. 5,000/-. The phone got disconnected because of non-payment of dues. It is submitted that it was on account of his fault. He has paid Rs. 1,045/- as outstanding amount plus Rs. 745/- as security deposit for reconnection. He constantly following with the customer care for connection. He requested to help him to solve the problem. <br /> 2. Notice was served to opposite party. The opposite party filed the defence version stating that the complaint is not maintainable in law or on facts. The telephone was disconnected for non-payment of bills in May 2006. The complainant did not make payment of arrears for along period of 13 months. The complainant paid the outstanding bills after lapse of 13 months i.e. on 22.06.2007. The telephone connection could not be given immediately but it was given on 16.04.2008 and broadband connection was given on 13.06.2008. There was no deliberate intention on the part of the opposite party to cause any delay. But the same was due to change of indicator and unavoidable circumstances. Therefore, the opposite party requested to dismiss the complaint.<br /> 3. Arguments are heard. During the course of arguments the complainant admitted that there is delay in payment of dues on his part. He also admitted that he has paid the arrears of pending bill. He has also admitted that the opposite party has waived off pending bill of Rs. 1,054/-. The complainant has also submitted that he had apologized to the opposite party for delay in payment of bills. The complainant has also admitted that in the month of April 2008 the opposite party reconnected the services to him as per his request. Therefore, the complainant has got the relief. This complaint is filed on 15.03.2008 and soon after sending notice from this forum the opposite party taken action promptly and connection was given. Therefore, the complainant got the relief. No doubt there is some delay in giving connection. The opposite party submitted that delay was due to change of indicator and for unavoidable circumstances beyond their control. So under these circumstances deficiency of service cannot be imputed against the opposite party. The complainant has also committed mistake in not clearing bills in time. He has cleared the pending bills after lapse of 13 months and he has also given apology to the opposite party. Therefore, there is a reciprocal mistake on both sides. Under these circumstances it is not a fit case to grant any compensation to the complainant. The matter has to be closed since the complainant has got relief soon after filing of the complaint. Consumer Protection Act is enacted to safeguard the better interest of the Consumers. Protection of the consumers is need of the hour. Consumer Protection Act is the benevolent and social legislation. The consumers are taking benefit of the social legislation. Service providers are taking prompt action as soon as notice or direction issued to them. In this case the opposite party has taken prompt action in giving reconnection immediately after receipt of the notice from the forum. Therefore, the matter deserves to be disposed off with a hope that the opposite party shall in future be very careful in discharging its obligation towards the consumers. The opposite party should not give any scope of making complaints against them. Consumer should be served in a better and efficient manner by the service providers. With this observation the complaint is disposed off and matter is closed.<br /> ORDER<br /> <br /> 4. The Complaint is disposed off. No order as to costs.<br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 7TH DAY OF JULY 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />