Order dictated by:
Sh.Anoop Sharma, Presiding Member
- Kuldip Singh complainant has filed the present complaint under section 11 & 12 of the Consumer Protection Act on the allegations that he is practicing as an Advocate and Notary Public in the District Court, Amritsar. The complainant is subscriber of two landline Telephone connections i.e. Telephone No. 0183-2549755 at his residential premises and the second one in his chamber No. 31, District Court Complex, Amritsar bearing No. 01832224822. Ever since the installation of the said telephone connections, complainant has been making payment of the telephone bills regularly. The complainant had gone to Australia for some period and in his absence on account of some outstanding telephone bills, the opposite party had disconnected the said telephone connections of the complainant. After coming back to India, complainant immediately approached the opposite party and enquired about this to which he was told that some outstanding bills were due against the complainant. The complainant enquired about the outstanding amount and accordingly in April, 2015 he deposited the entire arrears alongwith restoration charges and requested them to restore the said telephone connection immediately. But the officers of the opposite party had been putting off the matter on one pretext or the other and a period of about one year has passed after the deposit of the entire amount , but the opposite party till date did not restore the telephone connections of the complainant. Vide instant complaint, complainant has sought for the following reliefs vide instant complaint:-
- Opposite party be directed to restore the telephone connection No. 0183-2549755 and 0183-2224822 ;
- Compensation to the tune of Rs. 20000/- be also awarded to the complainant alongwith adequate litigation expenses.
Hence, this complaint.
2. Upon notice, opposite party appeared and filed written version in which it was submitted that telephone connection No. 0183-224822 had been working in the name of the complainant since 24.12.1996 and the same was permanently closed on 1.4.2015 on the request letter dated 7.3.2015 of the complainant. The complainant had committed default in the payment of the bills of the landline telephone No. 0183-2224822 reinstalled on 11.11.2013 after submission of an application form for new telephone connection on 11.11.2013 alongwith an application form for Broadband connection with Home-650-Unlimited Plan. As such the telephone connection No. 0183-2224822 was working with the monthly rent of Rs. 650/- under Broadband Home Combo Unlimited 650 Monthly plan. The complainant had not paid the bills dated 5.2.2014, 4.3.2014, 5.4.2014, 5.5.2014, 4.6.2014 and 6.7.2014 resulting into a total outstanding dues of Rs. 3072.42 paise against the said connection, which was disconnected on 1.5.2014 by the Accounts officer (TRA) of the opposite party and finally permanently closed on 4.3.2015. The amount of Rs. 200/- was charged on account of the telephone instrument in the bill dated 30.3.2015 besides the adjustment of the security deposit of Rs. 1150/- lying at the credit of the complainant and thus a net balance amount of Rs. 2147.14 paise were due against the complainant. The complainant paid the sum of Rs. 2150/ on 13.4.2015 after a period of about 11 ½ months. The complainant again applied for a new telephone connection in his name to be installed at Chamber No. 31-A, District Courts Complex, Amritsar and got the same telephone No. 01832224822 installed at the same place by submitting application for new telephone connection on 15.4.2015 and the same was installed on 2.5.2015. The complainant again committed a default in the payment of the following bills of the landline telephone No. 01832224822 resulting into its disconnection. The telephone connection No. 01832224822 was working under Sulabh Home Upgraded Monthly Plan from 2.5.2015 to 28.6.2015 with a monthly rent of Rs. 140/- only and the same was converted to One India Plan from 29.6.2015 onwards with a monthly rent of Rs. 220/- oly till its disconnection on 15.1.2016. The complainant had again not paid the bills dated 4.6.2015 , 6.7.2015, 4.8.2015, 5.9.2015, 3.10.2015, 5.11.2015 and 6.12.2015 resulting into a total outstanding dues of Rs. 1189.90 paise against the said telephone which was ultimately disconnected on 15.1.2016. Similarly the complainant had committed a default in the payment of bills of landline telephone No. 0183-2549755 which was installed on 18.4.2015 after receipt of an application form for new telephone connection at H.No. 752, Street No.2, Mahna Singh Road, Amritsar . The telephone connection No. 0183-2549755 was working under Sulab Home Upgraded Monthly Plan from 18.4.2015 with a monthly rent of Rs. 140/- till its disconnection on 13.8.2015 and was permanently closed on 17.10.2015. The complainant had again not paid the bills dated 3.5.2015, 4.6.2015, 5.7.2015, 4.8.2015, 5.9.2015, 3.10.2015 resulting into a total outstanding dues of Rs. 1563.55p against the said telephone connection which was ultimately disconnected on 13.8.2015. The bill dated 1.12.2015 depicts the security deposit of Rs. 500/- lying at the credit of the complainant and thus a net balance amount of Rs. 1063.55 paise were due against the complainant. On merits facts narrated in the complaint have specifically denied and a prayer for dismissal of complaint was made.
3. In his bid to prove the case Sh. Saurabh Sharma,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1, copy of bill receipt Ex.C-2, copy of bill receipt dated 13.4.2015 Ex.C-3 and closed the evidence on behalf of the complainant.
4. To rebut the aforesaid evidence Sh. A.K.Popal,Adv.counsel for the opposite party tendered into evidence affidavit of Sh. Alok Kaul Ex.R-1 alongwith documents Ex.R-2 to Ex.R-21 and closed the evidence on behalf of the opposite party.
5. We have heard the ld.counsel for the parties and have carefully gone through the record on the file.
6. From the appraisal of the evidence, it becomes evident that complainant is subscriber of telephone connections bearing No. 01832549755 installed at his residential premises and the other connection bearing No. 01832224822 installed at his chamber No. 31, District Court Complex, Amritsar. It was the case of the complainant that due to some outstanding telephone bills, the opposite party had disconnected the said telephone connections of the complainant. It was further the case of the complainant that after enquiring about the outstanding amount, he deposited the entire arrears alongwith restoration charges with the opposite party in the month of April,2015. In this regard complainant has produced on record copy of payment receipt dated 13.4.2015 for Rs. 2150/-. However, the complainant after applying new connection got the same telephone No. 01832224822 installed at 31-A, District Courts Complex, Amritsar on 15.4.2015 and again committed default in the payment of the bills dated 4.6.2015, 6.7.2015, 4.8.2015, 5.9.2015, 3.10.2015, 5.11.2015 and 6.12.2015 to the tune of Rs. 1189.90 paise and the telephone connection again disconnected on 15.1.2016. In this regard opposite party has placed on record copies of bill Ex.R-6 to Ex.R-12 on record. Similarly the complainant had committed default in the payment of bills of landline residential telephone No. 0183-2549755 which was installed on 18.4.2015 i.e. bill dated 3.5.2015, 4.6.2015, 5.7.2015, 4.8.2015, 5.9.2015 and 3.10.2015 to the tune of Rs. 1563.55 paise . In this regard opposite party has placed on record copies of bills Ex.R-16 to Ex.R-21. The complainant has not produced any evidence to rebut the evidence adduced by the opposite party that he has made the payments of the aforesaid bills i.e. bills Ex.R-6 to Ex.R-12 as well as Ex.R-16 to Ex.R-21.
7. We have carefully examined the disputed placed before us for adjudication on the basis of the facts and evidence produced by the parties. It stands amply established that complainant has not paid an amount of Rs. 1189.90 paise against telephone connection No. 01832224822 and Rs. 1563.55 paise against telephone connection No. 0183-2549755. In the present complaint the relief sought by the complainant is for the restoration of the telephone connections. However, during the course of arguments, Sh. Alok Kaul,AGM Legal BSNL has made a statement that he has no objection if the telephone connections be restored in the name of the complainant on deposits of Rs. 1563.55 paise.
So in view of the above discussion, complaint is disposed of with the directions to the opposite party to restore the telephone connections in the name of the complainant on deposit of Rs. 1563.55 paise within 15 days of the receipt of copy of order . Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 22.2.2017
/R/
