Complainant by filing this complaint has submitted thathe is a senior citizen aged about 75 years and since his retirement in the year 1998 as Group “A” officer of Government of West Bengal he is associated with different NGOs as well as beholding the Post of President of two such NGOs and for his own purpose complainant procured his own computer, fax machine and allied equipment in the year 2007 and decided to take internet connection against his existing telephone 03324668914 which was in use by him at the said material point of time.

          Fact remains the BSNL to expand their Broad Band Network business and also survival in the field of competitive telecom business kept afloat the scheme of suo moto providing a Rent Free Land Line Connection along with the Broad Band Internet Connection since the year 2006 and at the near vicinity of the said period BSNL floated the alluring scheme named and styled as “TRICON” Mobile Connection to expand their mobile clients by providing benefits of Free Mobile calls worth of Rs. 1,000/- which is equivalent to one time monthly charges vis-à-vis Rental of said Mobile Connection along with full discount in rental of land line phone and the Broad Band Connection.

          Considering that offer, complainant felt that the offer of BSNL as noted above would be fruitful in his philanthropic activities.  So, he approached the BSNL, Calcutta Telephones for availing of the facility of Broad Band Connection against his existing Land Line Phone bearing 2466 8914 with added benefit of Rent Free Land Line Phone and as such, procured the Broad Band with Rent Free Land Line 0332466 9607 and also monthly rental of Land Line Telephone, Broad Band Connection as well as Free calls worth of Rs. 1,000/- per month from the BSNL Mobile bearing No. 9433068910 used by him.

          Subsequently BSNL introduces the “ONE INDIA” Plan for the land line users and with the same BSNL bid good bye to STD Calls system up to national level and fixed unified call charges from the land line  at the rate Re.1/- per unit, with variant pulse rates for connecting different places of India and complainant since long last have ben availing of the facilities of Land Line Phones both the rented and rent free 24668914 and 24669607 respectively under “ONE INDIA” Plan of BSNL and also “TRICON” Mobile being No. 9433068910 with the benefits of fully discounted rental charges for land line phone No. 2466 8914 as well as the Broad Band Rental Charge with free calls from his mobile mentioned worth equivalent to the one time monthly rental charge of the same and availing of the same till before the date of disconnection of rent free land line phone in dispute.

          It is further submitted that the rent free phone 2466 9607 is used by complainant as dedicated FAX Line and in the year 2007 with the Broad Band Connection BSNL, Calcutta suo moto provided the Rent Free Land Line Telephone Connection being No. 2466 9607 to complainant as per their prevailing scheme at the said material point of time, so the BSNL Calcutta Telephones to allure the consumer for its own business gain suo moto provided the rent free phone and “TRICON” mobile connection and complainant has been enjoying since long last on payment of rent and charges as billed month by month by ops till the month of February, 2014 along with rent free telephone No. 24669607 and the other land line phone No. 24668914 with Broad Band Connection along with the benefit of TRICON mobile connection of ops.

          But peculiarity is that in the evening of 21.03.2014 while attempt was made to send a fax using the phone no. 2466 9607 the line was found dead and the number 1500 (IVR of BSNL) was connected to lodge complaint about the non-functioning of the Rent Free Telephone above said and from that end it was informed that the line-in-question is not in existence.  So, on 23.02.2014 attempts were made to lodge a complaint on-line and it is learnt that the phone-in-question is disconnected so that Ticket creation is not possible.

          Subsequently on 26.02.2014 a letter was sent to op no.3 requesting for restoration of the connection of disputed telephone within 72 hours and stating their inter alia that in case of failure in restoring the telephone connection legal recourses will be taken against BSNL, Calcutta Telephones and it was duly delivered on 28.02.2014 a self-contained letter was addressed to op no.2 stating that the telephone has been restored but without the STD facilities and requested him for necessary action at his end to restore the connectivity at its status quo ante position dated 21.02.2014.

          Subsequently on 28.02.2014 one e-mail was sent to op nos. 1 & 3 attaching details of the documents in proof of the claim that complainant has been using the Rent Free Land Line 2466 9607 with all facilities and amenities of normal phone connection and the correspondences made alleging noncompliance of order for restoration of phone as per his demand.  But the same did not yet any result and the grievance of complainant is not addressed in full.  But even after repeated persuasions the illegally disconnected telephone-in-question was not fully restored at its position prior to 21.02.2014.  So the complainant is being inconvenienced a lot and has been suffering from mental agony and for which finding no other alternative, complainant moved before op no.1 for remedy but no result was received and in the above circumstances for deficiency of service and for adopting unfair trade practice, complainant has filed this complaint for redressal.

          No doubt in this case notices were duly served upon the ops and fact remains ops by filing written statement stating that complainant is no doubt a consumer of a telephone being No. 03324668914 in the year 2007 and took decision to take internet connection with the said telephone for using it with computer, fax machine and allied equipment.

          Fact remains op BSNL floated a scheme named TRICON mobile connection to expand their mobile customers by providing benefits of free mobile calls worth of Rs. 1,000/- which is equivalent to one time monthly charges and rental charges of the said mobile connection along with full discount in rental of Landline phone and the Broad Band connection what complainant accepted the said offer for availing the said facility of Broad Band connection against the said existing landline connection 24668914 and in view of the said announcement the landline phone no. 24669607 became a Rent Free Landline and also got the opportunity a BSNL mobile no. 9433068910 with call facility worth of Rs. 1,000/-.  Thereafter BSNL introduced a new scheme ONEINDIA plan for the landline users with the same BSNL bid goodbye to STD call system upto national level and fixed unified call charges from the said landline phone  at the rate Re.1/- per unit with variant pulse rate for connecting different places of India and complainant is availing the said facilities with the landline phone both the rented and rent free of 2 telephones nos. 24668914 and 24669607 respectively under ONE INDIA plan and TRICON mobile plan.

          It is further submitted that free landline phone no. 24669607 was installed in the year 2007, which was subsequently converted to ONE INDIA Plan and thereafter by converting the said phone to ONEINDIA Plan, the landline phone No. 24669607 became a phone of without the benefits of 50 units free call facility like the previous landline phone No. 24668914 and on and from 21.03.2014, the fax line alongwith the phone 24669607 line was found dead and in this regard the Telephone Department, BSNL, Calcutta Telephones is governed by the Telephones Act and Rules and duty bound to abide by the same as such any disputes by and between the service provider, BSNL, Calcutta Telephones and the consumer should be adjudicated considering the said Act and Rules and due to above circumstances any dispute in between the service provider and complainant should be referred to the Arbitrator and complainant is not a consumer and further submitted that the present complaint is not maintainable in view of provision of Section 7B of Indian Telegraph Act-1885 for which the present complaint should be dismissed but anyhow no other defence was taken by the ops.

Decision with reasons

          Fact remains that op did not take any further step.  After disposal of the maintainability ground of the present case which was raised by the op by that written version that matter was decided after contest vide order No.08 dated 08.08.2014 and the plea as taken by the op challenging the maintainability regarding of the cost and thereafter op was permitted to file written version as a last chance by 10.09.2014 in default payment of penalty of Rs. 2,500/-.  Then op was directed to contest the case by filing written version but did not turn up.  So, now we shall have to consider whether complainant has been able to establish the complaint as made against the op.  After proper considering of the entire materials it is found that complainant has been enjoying two telephones nos. 24668914 and 24669607 and at the same time complainant uses mobile no. 9433068910.  It is found that in respect of telephone no. 24668914 bill is always being paid accordingly and in respect of telephone no. 24669607 minimum bill charge is always paid by the complainant and in respect of mobile no. 9433068910 bill is being paid as and when bill is received by the complainant.  But the main question is whether complainant is entitled to get benefit of STD against the landline no. 24669607 which was covered by ONEINDIA plan and fact remains op has not challenged that fact. 

          So, considering that fact it is found that when the said landline phone is still in existence and it is restored and complainant has been using, in that case invariably as per ONEINDIA plan free phone service, op is bound to restore the STD connection also when op has failed to search out any fault on the part of the complainant or no such document is produced by the op to show that free landline holders are not entitled to STD call.

          So, in the above circumstances, we find that necessary order should be passed directing the ops to restore the STD connection against the landline phone no. 24669607 at once and also ops shall be more careful in future in this regard, otherwise if any other case complainant is harassed by the op in respect of rendering service, in respect of his telephone or mobile service in that case ops shall be penalized heavily for adopting such immoral act as corporate concern because it is the duty of the corporate concern to satisfy the consumer in all respect and it is a part of their administration and all corporate sectors like BSNL must have to learn the corporate social responsibility that consumer satisfaction is their first criteria and in future if the present conduct or behavior, general attitude with the customer is not changed in that case the BSNL Authority shall be compelled to close down their establishment or sell it to private concern for recurring lose.

          In this case it is proved that there are so many hierarchy in the BSNL Authorities but they are in the cold room drawing huge salary.  But they are not here and there for upliftment of the general behavior, standard of work, rendering service by their staff to the consumers.  It can safely be said that each and every landline phone holders in West Bengal is the worst sufferer for the mis-behavior and mis-conduct, rendering negligent manner of service, unattending the customer and for not to consider the satisfaction of the customer/consumer in all respect for which the BSNL is now wretched concern of the Government.  Now if the BSNL cannot realize this problem invariably automatically it shall be converted as the private sector and that days are being counted by the consumers of India.

          So, best effort should be taken by the higher authority of BSNL to give proper service to the customers and shall have to think over the matter seriously that satisfaction of the customer is daily work first and the explanation as made by this Forum on the ground that this Government organization is practically very worthless organization in respect of rendering service.  So, outlook of the hierarchy of the BSNL should be changed and they must have to come out from the cold room and inspect the matter daily and talk with the customer for giving proper treatment to the customers and to rectify the wrongs of BSNL.

          Anyhow in this case we have gathered that we have failed to understand for what reason in the disputed telephone lines the STD facility has been withdrawn and accordingly we are convinced that the ops are bound to restore this STD facilities against the disputed mobile at once within 15 days failing which ops shall have to pay penal damages  at the rate Rs. 200/- per day and if it is collected it shall be deposited to this Forum by this op.

          Hence, it is

ORDERED

          In view of the above findings the complaint is allowed exparte against the op with a cost of Rs. 2,000/-.

          Ops are directed to restore the STD facilities of landline phone in dispute being no. 24669607 at once within 15 days from the date of this order.

          If for any reason the plan is otherwise changed, ops shall have to report in writing to the complainant and dispose of that matter.  If ONE INDIA plan is not changed in that case ops shall have at first to restore STD facility against landline no. 24669607 and thereafter if there is any say, op shall have to report to the complainant or to this Forum.

          Ops are directed to comply the order very strictly from the date of this order and if it is found that ops are reluctant in that case penal action should be imposed u/s 27 of C.P. Act 1986 for which further penalty and fine may be imposed.  Further ops shall pay Rs. 3,000/- as cost as awarded vide order No.08 dated 08.08.2014 to the complainant within 15 days otherwise penal action shall be taken u/s 27 of C.P. Act 1986.