Order-22.
Date-11/05/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that complainant is the customer of BSNL, OP1 having customer ID No. 8005636548 and the telephone no.033 22873333 and complainant is a subscriber to B.B. (INTERNET) service provided by the OP1 and it has opted the plan B.B. Combo ULD 675 at a fixed monthly charge of Rs.675/- and the said landline installed and B.B. connection was taken at the complainant’s partner’s residence at 55A, Dilkhusa Street, Kolkata – 700 017.
Since June, 2014 OP1 has failed to provide proper service to the complainant and complainant in its tern lodged its complaint regularly with the hope to get relief which will be evident from the records of the OP1.
Complainant from time to time made written complaints to the OPs regarding deficiency of service and so far written complaints are concerned the OPs never cared to give any reply to the same but on receipt of the written complaint the OPs over the phone assured to revive the service with a request to pay the bills and further assured that the amount would be adjusted in the future bills and complainant on the assurance given by a government undertaking made payment of the entire fictitious bill till April, 2015. In fact, OP decided not to attend to the complaints made by the complainants but to inform through sms that the fault booked has been assigned to BSNL Staff Mr. Rajendra Rai and on the very next date to inform the complainant against through sms a mechanical message on its recorded mobile number of the complainant. complainant booked the service but the matter has not been dissolved and even after such sms the said landline remained dead and the internet service remained unavailable to the complainant.
During the period between June, 2014 and January, 2015 service to the landline was revived intermittently for five or six times but never for a continuous seven days forcing the complainant to lodge complaint after complaint. The internet service was also provided casually. And after August, 2014 most of the time the broadband service was not available and despite repeated requests and complaints made to the OP situation remained the same but peculiar factor is that even after such sort of faulty service they issued fictitious bill raised on it and complainant ultimately asked the authorities to provide it with the break up of the bill so that it can know the pattern and nature of bill and complainant was shocked to find that even during the .dead. period also consumption of units have been shown and considering the foul game played by the OP complainant wrote a letter and sent a demand notice when one of the staff of BSNL called up about the dead line and requested to bear with them for some more time and apologized on behalf of the BSNL for not being able to provide service stating that it has been revealed that some miscreants are hooking the line and that they are taking steps to stop such activities and promised to restore the service at the earliest. After a day or two of the said information on 23rd April the landline was restored but that was only for three days, thereafter, the complainant whenever lifted the receiver found a pre-recorded message that unless the outstanding bill is paid all outgoing facility is barred but at present outgoing facility has also been lifted.
Considering the negligent and deficient manner of service and also adopting unfair practice complainant has filed this complaint praying for compensation and also for restore the bill and can give proper service in future when the complainant is a bona fide person.
On the other hand, OP by filing written statement submitted that all the complaints of the complainant admitted from time to time and necessary work was done but fact remains OP visited the premises of the complainant on several occasions and it was found that complainant is having two desktops which were installed in two different rooms and in one such desktops the operating system was having some problem due to which the browser was crashing and the complainant is unable to browse. In another desktop LAN drivers were corrupt, due to which internet could not be accessed through LAN cable. Complainant was aware of such problems and it was evident that non-usage of internet service was mainly due to defective system of the complainant and a copy of the inspection note is also annexed.
Working of broadband through LAN cable and wi-fi has been demonstrated to the complainant through the laptop of the officers of the OP who visited the premises of the complainant. OPs had out of their own granted certain rebates but the complainant tried to use faulty system and was unsuccessful and as a result now tries to allege the OPs falsely. Further OP denied that they had ever been done any deficiency of service. Complaint of the complainant was promptly attended and necessary action was taken. So, the allegation of the complainant is false, fictitious and further it has been submitted that question of negligence, deficiency is completely false and fabricated and for some ill purpose this complaint is filed for which this complaint should be dismissed.
Decision with Reasons
On careful consideration of the complaint and the written version and also considering the time to time order of this Forum it is found that prior to filing of this case the landline and broadband line was not properly provided by the OP though line is there and complainant paid all the outstanding dues and delay payment but even then service was not properly given and it is fact that modem and other accessories were ultimately inspected by the OP as per order of this Forum after 08-01-2016 and it is found that the order dated 08-01-2016 had been complied by the OP and the landline including broadband line was restored and that is now continuing as it is admitted by the complainant. Considering this fact it is clear that OPs did not attend any complaint of the complainant about disruption of telephone line and broadband line. Everything has been restored and activated and fit for use by the complainant was done by the OP authority as per order of this Forum on 08-01-2016 and it was complied on 03-02-2016. It indicates that the defence taken by the OP is completely false and in most of the cases in such a manner under the supervision of this Forum all the defects of the consumers are being corrected by the OP and that is the conduct of the OP in almost all the cases. So, it is clear that complainant has been harassed for long period even after filing of the complaint lodged to the OP about the landline and broadband line but they did not render service and this is the position of the service rendered by the OP not only to the complainant but other customers also and this is the bad experience of this Forum because Forum has handled more than 100 cases of BSNL in Forum and in all cases during the continuation of the proceeding as per direction of the Forum to OP, OP restored the line, restore the broadband line, corrected bill etc. and OP has complied the same and ultimately the line is given but before that on the basis of the complaint lodged by the customer OPs are found always silent and that is their common practice, procedure and nature of rendering service of OP and in the present case it is another example of relief which has been given by the OP to the complainant only as per order of this Forum. But even after receipt of the complaint from the Forum OP did not take any care but filing some false defence they tried to show that they are very much loyal to the customer and they are very much good service provider but they are the worst service provider in West Bengal for which lakhs of customers have disconnected their broadband line and telephone line. If this is the position then how the OP by filing their written statement has stated that they attended the complaint of the complainant about defect of the landline about defect of the broadband line but it is proved that all the defects have been cured by this Forum after filing of such complaint but not before that. So, the negligence and deficiency is well proved on the part of the OP and in the above facts and circumstances, the present complaint succeeds on the ground that the complaint has been harassed by the OPs for long period and they rendered service to complainant but no doubt after passing of the order during pendency of this case not prior to that. So, negligence, deficiency and unfair practice on the part of the OP is well proved for which complainant is entitled to get compensation at the same time the litigation cost.
In the result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest against the OPs with a cost of Rs.5,000/-.
OPs are hereby directed to pay a sum of Rs.7,000/- as compensation for causing mental pain and agony and harassment to the complainant and also for not rendering service even after receipt of several complaint made by the complainant about the defects, arrear of the landline and the broadband line and no doubt for adopting such unfair practice and for filing such false defence to the complainant.
OPs shall give proper service to the complainant about the landline and broadband line and rectify all the bills in respect of which the payment has been received by the OPs. Even in future similar complaint is lodged by the complainant in that case the matter shall be dealt with a heavy hand against the OPs.
OPs are jointly and severally hereby directed to pay the entire decretal cost that is total Rs.12,000/- (Rs.5,000/- + Rs.7,000) within one month from the date of this order failing which for non-compliance and disobeyance of the Forum’s order OP shall have to pay penal damages of Rs.2,000/- per month and if it is collected it shall be deposited to this Forum.
Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act shall be started against them for which further penalty and fine shall be imposed.
