This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that he has one land phone bearing No.2521 2609 since 18-08-1994 and he had been paying bill regularly and there was no dues with security deposit of Rs.3,000/-.

          On 15-02-2007 an extraordinary bill sent to him for a sum of Rs.15,450/-  and he applied for details but the office could not supplied the said details, on the other hand, the line was struck off without any intimation and complainant as a senior citizen requires the said phone to contact with hospital, ambulance and helping hands but for want of phone he is not in a position to get contact with such services and truth is that the said bill is completely fake and for which complainant has prayed for compensation and litigation cost etc. as he has been harassed by the OPs for long years.

          It is specifically mentioned that it is not possible to pay such an amount when the same phone is not used by him.  Most interesting factor is that after that he got a connection from Tata Indicom Phone being No.6453 5213 but in that phone he is only paying Rs.500/- per month and the Ld. Lawyer of the complainant wrote a letter but they did not reply and at last the matter referred to the Lok Adalat but that Lok Adalat also failed to disposed of the case for which ultimately finding no other alternative complainant appeared before this Forum for relief.

          On the other hand, OP BSNL by filing written statement submitted that the entire allegation is false.  Fact remains it was the bill of the year 2007 and present complaint is filed after lapse of 7 years and that is on 16-09-2014, so, the present complaint is barred by limitation.  Further complainant has submitted that the bill was raised as per use made by the complainant and according to the unit of consumption generated in the meter as per electronic system in respect of the said Telephone of the complainant but complainant wrongly did not make payment of the said bill as a result of which due to non-payment of such telephone bill after giving telephonic messages in the said telephone the line was temporarily disconnected on 13-03-2007, thereafter, another bill for the period from February, 2007 to March, 2007 amounting to Rs.3,661/- was raised and issued to the complainant but the complainant did not pay it and fact remains in the security deposit amount was Rs.3,000’/- and after deducting the said deposit amount balance amount is Rs.16,713/- that has not been paid and it is specifically mentioned that daily phone call details has been submitted wherefrom it is submitted that phone was used very rampantly and invariably by the complainant’s family members and that phone call will speak that in what manner they used the said phone.  So, apparently, there was no laches and deficiency on the part of the OP for which the complaint should be dismissed.

Decision with Reasons

On proper consideration of the complaint and the written version and including the argument as advanced by the Ld. Lawyer of the OP and complainant we have gathered that complainant had one son who was student in the year 2007 and from the phone calls it is found that from 04-12-2006 to 08-12-2006 no.384 calls were made and duration of the calls was always 10 to 15 minutes, sometime 20 minutes also and from that call it is found that those calls were made in some particular mobile phones i.e. 9831896177, 9836435381, 9830045005 and practically complainant has not denied about the said details of phone calls but we have gathered that his beloved son was a student and he mis-use the phone due to his huge friendship with such fellow who is found whose phone numbers are already mentioned.  So, apparently after considering the phone call register it is clear that phone has been used continuously by some adolescence members most probably by his only son who was the student at the time of BBA Class etc. so, anyhow complainant is failed to prove the bill as sent by the OP as erroneous.

          Another factor is that he bill was sent in the year 2007 and complainant ought to have filed this complaint within 2009 as per provision of C.P. Act that is within the two years from the date of cause of action and from the complaint is it found that cause of action arise in 05-02-2007 but complainant was sitting idle and ultimately appeared before this Forum by filing this complaint on 16-09-2014 that long after 7 years.  So, invariably at the time of filing this complaint complainant ought to have file a petition praying for condonation of delay u/s.24A of the C.P. Act and that was not done by the complainant.  So, apparently complaint is barred by limitation and there is no question to give any relief in the case when complainant has not given any explanation for delay and at the same time for searching out any irregularities when OP has proved that phone calls were made from that phone to particular some mobile nos. and that has not been denied so, there is merit in this complaint and complaint is barred by limitation.  Accordingly, complaint is failed but considering the age of the complainant as a senior citizen and also considering his poor pension we are passing some order to give some relief but invariably dismissing the complaint.

Hence,

Ordered

That the case be and the same is dismissed on contest against the OPs but without any cost.

          OPs are directed to give some moral and social relief to the complainant by at least deducting Rs.4,000/- from the total amount of bill and invariably complainant shall have to pay Rs.12,713/- to the OP as final settlement of the arrear bill in respect of that phone no.  But no other relief is granted in favour of the complainant.