Punjab

Moga

CC/17/75

Baljinder Kaur - Complainant(s)

Versus

Bharat Sanchar Nigam Limited - Opp.Party(s)

Sh. Jagdev Singh Gill

19 Feb 2018

ORDER

THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

 

                                                                                      CC No. 75 of 2017

                                                                                      Instituted on: 23.08.2017

                                                                                      Decided on: 19.02.2018

 

Baljinder Kaur, aged about 60½ years wife of Jagdev Singh son of Lachman Singh, resident of Village: Puranewala, District Moga.

                                                                                ……… Complainant

 

Versus

1.       Bharat Sanchar Nigam Limited, Ferozepur SSA, through its General Manager, Ferozepur.

 

2.       Hardeep Singh, J.T.O, Office S.D.O., G.I, Old Dushera Ground, Moga, Main Bharat Sanchar Nigam Limited, Moga.  

 

                                                                           ……….. Opposite Parties

 

 

Complaint U/s 12 of the Consumer Protection Act, 1986.

 

 

Quorum:    Smt. Vinod Bala, Presiding Member

                   Smt. Bhupinder Kaur, Member

 

Present:       Sh. Jagdev Singh Gill, Advocate Ld. Cl. for complainant.

                   Sh. Pawan Kumar Sharma, Advocate Ld. Cl. for opposite parties.

 

 

ORDER :

(Per Smt. Vinod Bala, Presiding Member)

 

1.                Complainant has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the "Act") against Bharat Sanchar Nigam Limited, Ferozepur SSA, through its General Manager, Ferozepur and others (hereinafter referred to as the opposite parties) directing them to restore the telephone connection and they may be also directed to pay Rs.50,000/- as compensation for causing mental tension, harassment and agony to complainant and to grant any other relief which this Forum may deem fit in the circumstances of the case to complainant.

2.                Briefly stated the facts of the case are that the complainant is consumer of Bharat Sanchar Nigam Limited since 1994 and is having telephone no.01636-273066. The complainant was paying all the bills regularly. The husband of the complainant is an Advocate and also Sarpanch of Village Puranewala District Moga. The complainant as well as his husband are in urgent need of telephone as well as broadband connection. However, the said telephone and broadband are not in working condition for the last seven months. The complainant has filed so many complaints with opposite parties, but to no effect. The complainant received a bill in the month of June only for Rs.883/- and complainant deposited Rs.900/- on 28.06.2007. Thereafter next bill was not received by the complainant and after inquiry from the office, the complainant came to know that bill is for Rs.750/- and complainant deposited the same on 20.07.2017. The main problem having suffered by the complainant is that BSNL Department has disconnected his telephone connection on 08.08.2017, but on one side, the connection of the complainant is lying disconnected, but how the opposite parties have sent the bill for the disconnected period. The complainant got registered complaints with opposite parties on their toll free Number 1500, but he was replied that work is under process. Thereafter on 14.08.2017 the complainant received next bill, which was payable till 26.08.2017. The complainant has been harassment unnecessarily as neither security of the said telephone connection was refunded nor the differences of amount between rural and urban area was given to him so far. Due to the act of the opposite parties, the complainant had suffered mental tension, harassment and agony. Hence this complaint.

3.                Upon notice, opposite parties appeared through counsel and filed written reply taking preliminary objections that the present complaint is not maintainable; that the complainant is estopped by her own act and conduct to file the present complaint; that the complainant has not come to this Forum with clean hands. She has suppressed and mis-stated material facts from this Forum. The true facts are that the landline and internet services are in working condition. The complainant has partly deposited the bill invoice no.10122139040085 which is for Rs.1626/-, but the complainant deposited Rs.750/- on 20.07.2017. After that on 8.8.2017, BSNL payments NOIDA server automatically disconnected the telephone no.01636-273066 due to non payment of due amount in time. The telephone number was disconnected due to non payment of outstanding amount/bills. Therefore, there is no deficiency in service on the part of opposite parties although complainant herself is at fault.

          On merits, it is admitted to the extent that telephone no.01636-273066 was allotted to complainant. It is further submitted that opposite parties never harassed the complainant. The opposite parties are working in accordance with rules and regulations of BSNL. The telephone and broadband are working properly. The internet sessions proves that the internet has been working. However, due to up-gradation of roads and highways in Moga and adjoining areas, there are problem in the network of BSNL, but the network had been put on alternate network by long routes branch called 'NTR'. They further submitted that all the complaints of the complainant were replied and attended by the opposite parties in time. Further submitted that the complainant received the bill invoice no.10122139040084 for the period 01.05.2017 to 31.05.2017 for Rs.883/- and paid Rs.900/- on 28.06.2017. The complainant received bill invoice no.10122139040085 for the period 01.06.2017 to 25.06.2017 for Rs.1626, but complainant paid only Rs.750/- on 20.07.2017. The complainant again received bill invoice no.NDCPB0000228852 for the period 26.06.2017 to 31.07.2017 for Rs.2527/-, but the complainant did not pay the bill amount. The connection of the complainant was automatically disconnected by BSNL Payments Server, Noida on 8.8.2017 due to non payment of previous bills on time. However, the line was restored by BSNL Accounts Department on security adjustment basis on 24.08.2017. The allegations are specifically denied. The J.E. and S.D.O had done their work as per rules and regulations of BSNL. The matter of all adjustments were taken up by SDE Group Moga with Accounts Officer. Rebates will be given by Accounts Officer, TRA Moga of BSNL Accounts Department in the account of 01636-273066 as applicable. This will be reflected in forthcoming bills. The opposite parties are employees of BSNL and are working as per rules and regulations of BSNL. All other allegations made in the complaint have been denied and a prayer for dismissal of the complaint with costs has been made.

4.                In order to prove his case, complainant tendered in evidence copies of documents Ex.C-1 to Ex.C-19 and Ex.C-17A and her duly sworn affidavit as Ex.C-20 and closed the evidence. 

5.                On the other hand, opposite parties tendered in evidence affidavit of Sh.Hardeep Singh, J.T.O., Bharat Sanchar Nigam Limited as Ex.OPs-1 and copy of telephone calls detail Ex.OPs-2 and copies of other documents Ex.OPs-3 to Ex.OPs-28 and closed the evidence.

6.                We have heard learned counsels for the parties and have also gone through the file.

7.                Ld. counsel for complainant has reiterated the facts as detailed in the complaint and contended that complainant is consumer of Bharat Sanchar Nigam Limited and is having telephone connection bearing no.01636-273066 of opposite parties. He was paying the telephone bills regularly. However, the complainant was not received any bill in time and all the time, he has to deposit the bills, after inquiry from the office of opposite parties. It is further contended that the complainant received a bill in the month of June for Rs.883/-, which was deposited by the complainant on 28.06.2007. However, the complainant not received the next bill, which was for Rs.750/-, the said bill was also deposited by the complainant, after inquiry from the office of opposite parties on 20.07.2017. The complainant was paying all the bills regularly, but despite that his connection was disconnected by the opposite parties on 8.8.2017, however one way of the telephone connection was working till 12.08.2017. Thereafter telephone connection of the complainant was totally disconnected. To the surprise of the complainant, the opposite parties again issued a bill, which was to be payable by 26.08.2017, despite the fact that telephone connection of the complainant has already been disconnected. The complainant requested the opposite parties a number of time to restore his telephone connection, but to no effect. 

8.                On the other hand, ld. counsel for the opposite parties has repelled the aforesaid contention of ld. counsel for the complainant on the ground that the landline and internet services were in working condition and produced on file copy of internet usage and landline usage. He further argued that the complainant received the bill invoice no.10122139040084 for the period 01.05.2017 to 31.05.2017 for Rs.883/- and paid Rs.900/- on 28.06.2017. The complainant received bill invoice no.10122139040085 for the period 01.06.2017 to 25.06.2017 for Rs.1626, but complainant paid only Rs.750/- on 20.07.2017. The complainant again received bill invoice no.NDCPB0000228852 for the period 26.06.2017 to 31.07.2017 for Rs.2527/-, but the complainant did not pay the bill amount. So, the connection of the complainant was automatically disconnected by BSNL Payments Server, Noida on 8.8.2017 due to non payment of previous bills on time. However, the line was restored by BSNL Accounts Department on security adjustment basis on 24.08.2017. The matter of all adjustments was taken up by SDE Group Moga with Accounts Officer and rebates will be given by Accounts Officer, TRA Moga of BSNL Accounts Department in the account of complainant as applicable and the same will be reflected in forthcoming bills. The opposite parties were working as per rules and regulations of BSNL.

9.                It is not the denial of the case of the parties that the telephone connection of the complainant remained disconnected due to up-gradation of roads and highways in Moga and adjoining areas and the network had been put on alternate network by long routes branch called 'NTR'. Ld. counsel for opposite parties argued that all the complaints of the complainant were replied and attended by the opposite parties in time. It is further argued that the complainant received bill invoice no.10122139040085 for the period 01.06.2017 to 25.06.2017 for Rs.1626, but complainant paid only Rs.750/-. The complainant again received bill invoice no.NDCPB0000228852 for the period 26.06.2017 to 31.07.2017 for Rs.2527/-, but the complainant did not pay the bill amount. So, the connection of the complainant was automatically disconnected by BSNL Payments Server, Noida on 8.8.2017 due to non payment of previous bills on time. However, the line was restored by BSNL Accounts Department on security adjustment basis on 24.08.2017. Ld. counsel for opposite parties further argued that the matter of all adjustments were taken up by SDE Group Moga with Accounts Officer and the rebate will be given by Accounts Officer, TRA Moga of BSNL Accounts Department in the account of 01636-273066 as applicable. This will be reflected in forthcoming bills. But the aforesaid contention of the opposite parties fully proves that due to the disconnection of the telephone connection, the complainant has suffered a lot, however, the adjustment will be made by the opposite parties as alleged, at later stage, but however, the complainant has though received the alternative services, but the complainant was not satisfied with the disconnected services of the opposite parties. We are of the opinion that due to disconnection of the telephone connection which is the necessity of a person, in these days, the complainant must have suffered financially, economically as well as mentally. For that the opposite parties are liable to compensate the complainant.

10.              In view of the aforesaid facts and circumstances of the case, the complaint stands allowed and the opposite parties are directed to restore the telephone connection of the complainant immediately, if the same is still disconnected. The opposite parties are also directed to pay compensation to the complainant to the tune of Rs.3,000/- on account of mental tension and harassment besides Rs.2,500/- as costs of litigation. The compliance of this order be made by the opposite parties within 30 days from the date of receipt of copy of this order, failing which, the complainant shall be at liberty to get the order enforced through the indulgence of this Forum. Copies of this order be supplied to the parties free of cost and thereafter, the file be consigned to record room.   

Announced in open Forum.

Dated: 19.02.2018

                                                  (Bhupinder Kaur)              (Vinod Bala)

                                                      Member                     Presiding Member