Jammu and Kashmir

Jammu

CC/740/2017

ZEESHAN AHMED - Complainant(s)

Versus

BSNL - Opp.Party(s)

AAMIR AWAN

08 Sep 2018

ORDER

DISTRICT    CONSUMER     DISPUTES   REDRESSAL  FORUM, JAMMU

                (Constituted under J&K Consumer Protection Act,1987)

                                                         

 Case File  No                  284/DFJ         

 Date of  Institution       01-11-2017

 Date of Decision          07-09-2018

 

Zeeshan Ahmed Chauhan,

S/O Mushtaq Ahmed Chauhan,

R/O Gulmarg Colony Near Makka Masjid,

Bathindi.

                                                                                                                                    Complainant

             V/S

1.Chairman/Managing Director,

Bharat Sanchar Nigam Ltd.

4^th Floor Bharat Sanchar Bhawan,

H.C.Mathur Lane,Janpath,New Delhi-110 001.

2.Chief General  Manager,

Bharat Sanchar Nigam Ltd.4^th Floor,

 North Block Bahu Plaza,Jammu.

3.General Manager, Bharat Sanchar Nigam Ltd.,

  Bahu Plaza,Jammu.

4.Commercial Officer, Bharat Sanchar Nigam Ltd.,

  Bahu Plaza,Jammu.

                                                                                                                                                    Opposite parties

CORAM

                  Khalil Choudhary              (Distt.& Sessions Judge)   President

                  Mrs.Vijay Angral                                                               Member

                  Mr.Ghulam Sarwar Chauhan                                          Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

 

Mr.Mohd.Amir Awan,Advocate for complainant, present.

Mr.P.C.Sharma & Associates,Advocate for OPs present.

 

                                                                                                                                                                                                                ORDER

 

                            Warp and woof of allegation of complainant is that he applied before OP Corporation i.e.BSNL for landline connection for his office use, at Shop No.1 Block B ,Makka Masjid Complex,Bathindi,Jammu,as complainant is an Advocate by profession and is in dire need of telephone connection and the OPs department asked him to submit all requisite documents, as well as, deposit requisite fee. According to complainant, in pursuance to the request made by the Ops,he submitted all the requisite documents and also deposited an amount of Rs.500/-on,12-05-2016 under account No.1023657455 and the OPs also issued receipt(copy of receipt is annexed as Annexure-A).Complainant further submitted that after receipt of requisite fee, as well as, other relevant documents ,OPs allotted Landline Phone No.0191-2493721 to him and after this development he has also mentioned the said number in his visiting cards, court files, as well as, on the sign board of his office and he has also widely circulated the said phone number to all his nears and dears, as well as, his clients, but the OPs have not installed the said Landline connection in his office(copies of letter head,files,signboard and visiting cards are annexed as Annexure-B) .Allegation of complainant is that he repeatedly approached OPs for installation of said connection in his office premises due to which he is suffering badly,but till date no connection whatsoever been installed by the Ops which clearly shows deficiency in service,therefore,alleging deficiency in service, complainant prays for refund of fee of Rs.500/- and in addition, prays for compensation to the tune of Rs.4.50 lacs including litigation charges.

            On the other hand,OPs filed written version and resisted the complaint on the ground that the present complaint does not constitutes consumer dispute as mentioned in Section 2 of J&K Consumer Protection Act and as such same deserve to be dismissed. That allegations made in the complaint are contrary to the facts of the case ad complainant has not approached this Forum with clean hands and as such, complaint deserves to be dismissed on this ground only. That there is no contract entered between the complainant and OPs.That complainant has approached the OPs for booking of telephone connection and has paid only booking amount to the OP and he was informed at the relevant time that the allotment of connection was subject to feasibility/availability & genuineness in the concerned area, as such all the allegations made are correct and instant complaint is liable to be dismissed. That the complainant is not the subscriber of OPs BSNL and thus present complaint is liable to be dismissed. That OP has refunded the entire booking amount i.e.Rs.500/-and complainant has received cheque No.947926 dated 07-12-2016 of Rs.500/-from BSNL,as such, complainant has no case and present complaint deserves to be dismissed.

                                Complainant adduced evidence by way of duly sworn evidence affidavit and affidavits of Rajinder Arora and Sarfraz Ahmed,respectively.Complainant has placed on record receipt of Rs.500/-issued by Bharat Sanchar Nigam Ltd.dated 12-05-2016,copy of letter head, copy of sign board and copy of visiting card

                On the other hand,Ops adduced evidence by way of duly sworn evidence affidavit of Kunal Gupta Adm.O/O G.M.T.D. BSNL.

       We have perused case file and heard L/Cs for the parties at length.

                          Briefly stated case of the complainant is that he applied before OPs for landline connection for his office use, at Shop No.1 Block B ,Makka Masjid Complex,Bathindi,Jammu,as complainant is an Advocate by profession and is in dire need of telephone connection and the OPs department asked him to submit all requisite documents, as well as, deposit requisite fee. According to complainant, in pursuance to the request made by the Ops,he submitted all the requisite documents and also deposited an amount of Rs.500/-on,12-05-2016 under account No.1023657455 and the OPs also issued receipt. Complainant further submitted that after receipt of requisite fee, as well as, other relevant documents ,OPs allotted Landline Phone No.0191-2493721 to him and after this development he has also mentioned the said number in his visiting cards, court files, as well as, on the sign board of his office and he has also widely circulated the said phone number to all his nears and dears, as well as, his clients, but the OPs have not installed the said Landline connection in his office .Allegation of complainant is that he repeatedly approached OPs for installation of said connection in his office premises due to which he is suffering badly, but till date no connection whatsoever been installed by the Ops which clearly shows deficiency in service.

                 On the other hand, stand of OPs is that complainant has approached the OPs for booking of telephone connection and has paid only booking amount to the OP and he was informed at the relevant time that the allotment of connection was subject to feasibility/availability & genuineness in the concerned area, as such all the allegations made are correct and instant complaint is liable to be dismissed. That the complainant is not the subscriber of OPs BSNL and thus present complaint is liable to be dismissed. That OP has refunded the entire booking amount i.e.Rs.500/-and complainant has received cheque No.947926 dated 07-12-2016 of Rs.500/-from BSNL.

                     Before heading further, it is to be noted that since parties have lead evidence in the shape of evidence affidavits, which are much or less reproduction of contents of their respective pleadings,therefore,we do not feel it necessary to represent the same again and if need arises, same would be referred hereinafter at appropriate stage.

                       Be it noted that although OP made mention in written version that they have refunded the booking amount of Rs.500/-to complainant through cheque No.947926 dated 07-12-2016,but on perusal of case file, we do not find any such receipt annexed  with the written version, wherefrom it is evident that the Ops have refunded the booking amount of Rs.500/-to complainant. On the other hand, complainant specifically alleged in the complaint and also lead evidence in support of his case on the point that OPs have not refunded the amount which was received by them from him. The testimony of complainant went unchallenged, therefore, in our opinion OPs are not justified in denying the claim of complainant.

                    After going through the whole case with the evidence on record what reveals here is the case of complainant is genuinely filed with speaking reasons and merit as being consumer as per the purport of section 2(d) of Consumer Protection Act and Ops are the service providers having failed in their statutory duty to provide adequate and effective services. The purport of legislation is well defined and statutorily takes care of consumer rights and cannot legally afford to a situation like the one confronted herewith in a manner where they are deprived of their rights as of consumer. The consumers have to come forth and seek for redressal of his grievance. The case of the complainant is also genuinely filed for seeking determination of his right by this Forum.

                       Therefore in view of the aforesaid discussion, complaint filed by the complainant is accordingly allowed and we direct OPs to pay Rs.30,000/-as compensation for causing mental agony and harassment and litigation charges of Rs.10,000/-. This order shall be complied with by OPs within one month from date of receipt of this order. Copy of this order be provided to the parties free of charge. Complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                              Khalil Choudhary

                                                                             (Distt.& Sessions Judge)

                                                                                  President

Announced                                                         District Consumer Forum

07-09-2018                                                                Jammu.

Agreed by                                                               

      

Ms.Vijay Angral          

  Member                                                                                              

 

Mr.Ghulam Sarwar Chauhan

Member