BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Misc. (I) Case No. 2 of 2020

(Arising out of C.P Case No.9 0f 2020)

                Sri Niherandra Narayan Tagore

                S/o Late Nitai Chand Patni,resident of Vivekananda Road, Silchar …          Complainant.   

-V/S-

            1.   The Chairman, (BSNL)

Bharat Sanchar Bhawan, Harish Chandra Mathur Lane

Janpath, New Delhi- 110001      …………………………………………………          O.P No.1

            2.   The General Manager, (BSNL)

SSA, Silchar Cachar, Assam-788001 …………………………………………………    O.P No.2

            3.   The SDE (CCN) BSNL

                  SSA, Silchar, Cachar, Assam-788001 ………………………………………………      O.P No.3

            4.   The Account Officer, TRA,

Office of the Gen. Manager, Sadarghat

Daccaipatty Road, Silchar Cachar, Assam-788001  ………………………        O.P No.4

Present: -                                 Sri Bishnu Debnath,                                          President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

                                               Sri Kamal Kumar Sarda,                                       Member,

                                               District Consumer Forum,

                                                Cachar, Silchar.  

            Appeared: -                 Mr. Joydeep Biswas, Advocate for the complainant.

Mr. Mahmud Hussain Mazumder, Advocate for the O.Ps.

INTERIM ORDER

                                    Sri Bishnu Debnath,

This Misc Case is the offshoot of C.C Case No. 9 of 2020. The petitioner prayed before this District Forum for restoration of telephone land line No. 03842-266089 as an interim measure because he has prayed in the main complainant case aforesaid for resumption of the telephone connection which has been disconnected by O.P due to non-payment of outstanding bill amount.

He stated in his complaint petition in main case inter-alia that his land line has been disconnected sometime in the year 2019. However, on enquiry in the office of the G.M, BSNL, Silchar came to know that due to non-payment of outstanding bill the land line was disconnected. But in the complaint petition as well as in the petition for interim relief supporting affidavit, he stated that he could not make payment of bill due to non-receiving of any paper bills. Of course, in those complainant and petitioner he stated that he is ready to make payment of all outstanding bills if receive paper bills from the BSNL authority.

Anyhow, show-cause notice issued to SDE (CCN) BSNL, Silchar SSA and G.M. BSNL, Silchar for show-cause reply as why land line shall not be resumed. The O.P No.2 i.e. G.M. BSNL, Silchar in his reply admitted the fact that the land line connection of aforesaid telephone No. 03842-266089 has been disconnected due to non-payment of outstanding dues. In the reply nothing stated clearly as the amount of outstanding or date of disconnection. Anyhow, in the hearing of the Ld. advocate of the complainant and on perusal of the show-cause reply of the O.P aforesaid it is crystal clear that due to non-payment of outstanding balance of telephone bills the land line has been disconnected.

In that aspect the complainant stated inter-alia that he could not make payment of outstanding balance due to non-receiving any paper bill. However, the O.P did not react on that part in the show-cause reply except the plea that the complainant is not entitled any equitable relief.

After hearing, the Ld. advocate of the complainant and perusal of relevant paper, it is revealed that the O.P issued a letter No.TRA-Genl Corr/G.M-BSNL/SC/2019-20/20 dated 15/11/2019 addressing to the complainant to say that bill has been send to e-mail address to the complainant vide E-mail ID:

I have also gone through a latter No.BSNL/ASM/TR/CORR/2019-20/10 dated 07-08-2019 address Dy. G.M (T & C) CFA, New Delhi by the Dy. G.M. (Fin)/IFA Assam Telephone Circles, Guwahati. In the letter it is clearly written this printing of monthly bill has been stopped from April,2019 onward for the cases where consent of the customers have so far been received.

In this aspect, the complainant took plea that no consent was obtained from him by BSNL authority to stop paper bill. The O.P did not take any plea to establish a fact that consent of the complainant obtained to stop issuing paper bill and the monthly bill could be send through e-mail of the complainant.

Thus, in this case, I am opined that there is a prima-facie fact in favour of the complainant that the stopping of issuing of monthly paper bill to the complainant has been withdrawn unjustifiably.

Not only that for disconnection of the land line the complainant is facing inconveniency as well as irreparable loss for hardship for making communication with other. As such, at this stage, I find it is a fit case to grand interim relief as prayed for. Thus, the O.P is directed to resume the land line of the complainant immediately and issue monthly bill with all outstanding.

Further the complainant is asked to make payment of all outstanding bill within 7 (Seven) days from the date of receiving the telephone bill with outstanding dues. If fail to make payment within the stipulated period of 7 (Seven) days above, the O.P is in liberally to disconnect again the land line of the complainant.

            With the above, interim order this case is disposed of on contest.