Present :  Sri A.K. Das,  President

                  Sri L.K. Banerjee,  Member

                  Smt. Dipa Sen (Maity), Member

Order no.   8       dt. 26.11.2007

             Petitioner has moved this forum for a direction upon the o.p. to restore the telephone connection and other consequential relief as compensation and litigation cost on account of mental harassment and deficiency in service on the part of the o.p.

            It is appearing from the record petitioner has no due in respect of  his telephone connection no.03340061468 for the period 21.7.06 to 20.8.06 vide invoice dt.22.8.06. Thereafter petitioner received invoice dt.22.9.06 on 30.10.06 and petitioner duly deposited the due amount of that invoice for the period 21.8.06 to 20.9.06. In spite of the fact o.p. disconnected his service connection in the first week of September 2006, second week of September 2006 and lastly on 25.9.06 without serving any notice. Petitioner is a patient of muscular dystrophy and confine in bad and the telephone service is most essential for him. It is further appearing in the bill dt.22.8.06 there was no opening balance. Petitioner deposited the entire amount of the bill but surprisingly enough bill dt.22.9.06 o.p. has shown opening balance Rs.1026/- without any satisfactory accounting. It is categorically submitted by petitioner that he paid the entire bill amount dt.22.8.06 and 22.9.06 excepting the opening balance of which there is no explanation by o.p.

            In the w/v o.p. has contended that as a matter of right and in terms of the agreement they are entitled to disconnect the service connection of the petitioner. In the w/v it is only stated by o.p., an amount Rs.1026/- was not paid by petitioner. As such, the service connection of the petitioner was disconnected. They have not given any proper explanation how the amount payable by petitioner. In spite of the fact, o.p. arbitrary without any cause has disconnected the service connection of the petitioner knowing fully well the petitioner is a patient. As such, conduct on part of the o.p. is definitely deficiency in service for which petitioner has to put in harassment. In view of the fact, the present consumer complaint succeeds and it is awarded in the following terms.

            O.p. is directed not to disconnect the service connection of the petitioner without notice. O.p. is also directed to pay compensation Rs.3000/- (Rupees three thousand) only and litigation cost Rs.1000/- (Rupees one thousand) only within one month, failing which it will carry an interest @ 8% p.a. till realization.

            Let copy of this order be supplied to the parties free of cost.

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    Member                              Member                                  President