West Bengal

Kolkata-II(Central)

CC/294/2015

HMP Engineers Ltd. Known as Bluemoon Engineers Ltd. - Complainant(s)

Versus

Chief General Manager, Bharat Sanchar Nigam Ltd. - Opp.Party(s)

Ld. Advocate

28 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/294/2015
 
1. HMP Engineers Ltd. Known as Bluemoon Engineers Ltd.
28/2, Shakespeare Sarani, Kolkata-700017. P.S. Hare Street.
...........Complainant(s)
Versus
1. Chief General Manager, Bharat Sanchar Nigam Ltd.
34, B.B.D. Bag (S), Kolkata-700001.
2. General Manager, Sales and Marketing, BSNL, Calcutta Telephones.
34, B.B.D. Bag (S), Kolkata-700001.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Bipin Mukhopadhyay PRESIDENT
 HON'BLE MRS. Sangita Paul MEMBER
 HON'BLE MR. Pulak Kumar Singha MEMBER
 
For the Complainant:Ld. Advocate, Advocate
For the Opp. Party:
OPs are present.
 
ORDER

Order-15.

Date-28/12/2015.

In this complaint Complainant HMP Engineers Ltd., (Now known as Bluemoon Engineers Ltd.) by filing this complaint has submitted that complainant is a company incorporated under the Companies Act 1956 and having it’s Registered Office at 28/2, Shakespeare Sarani, Kolkata – 700017.Complainant installed a Telephone Bo. 2243-4107 on the ground floor of premises No.4, Fairlie Place, Kolkata – 700001 and that was installed by the op as per application of the complainant and the said telephone is being used by the Chief Executives of the complainant’s company and company has been paid the Telephone Bills for the aforesaid telephone regularly month by month and each month phone calls used by the complainant’s Chief Executive.So, the complainant is a consumer.

After installation of the said telephone mentioned in the above address that was not working properly and while talking over the phone that occurred different types of cross connection and complainant lodged several complaints for rectification of the defects to the ops but defects were not rectified.But ops in spite of their promise failed to rectify the defects in connection as a result complainant suffered tremendous loss in his business which is adversely affected in the business of the complainant and complainant was not getting the quality service from the op as cross connection with rattling sound resulting in irritation to the user and to the caller.

In the above situation, complainant issued a notice dated 01.06.2015 addressed to the ops calling upon the ops to look into the matter very seriously and straight to the consumer for not providing the quality services, as there was connection problems.But inspite of the said Notice being issued by complainant to the op, op did not take any step to solve over the matter and in the above circumstances, complainant has filed this complaint for redressal.

On the other hand op by filing written statement submitted that on each and every docket they have rectified the complaint properly, so such allegation is completely false.Fact remains that the complaint was lodged to the written address however all docketed complaints of the complainant were attended with due weight age and rectified and now it is working in the good condition.So, there is no deficiency in the quality of service.

It is specifically mentioned that complainant is a limited company having name HMP Engineer Ltd., under the Companies Act 1956 and it is admitted by the complainant that the said telephone is installed at his office which is used by their Executive of the company.But complainant has filed this complaint as HMP Engineer Ltd. and practically the said telephone is used as commercial purpose, therefore, any claim raised by the company is not tenable.

Moreover the entire allegation of the complainant is false and fabricated for which this complaint should be dismissed.

 

Decision with reasons

After hearing the complainant’s representative PrabirSimlai and also the Ld. Lawyer of the op and further considering the bill, it is found that there is no challenge against month by month payment of bill or issuance of bill, but only complaint is that ops did not pay any heed to their complaints.

But considering the papers submitted by the ops, it is found that this present telephone being No. 2243-4107 was installed on 17.02.1993 on 4th Floor of Kolkata – 700001 and telephone complaints during the period 11.03.2015 to 18.06.2015 on five occasions were made by the complainant and that was redressed either on the date of complaint or within two or three days.

So, apparently we find that all the complaints were redressed by the ops forthwith and except that there is no allegation.So, considering that fact, we find that there is no negligence and deficiency on the part of the ops regarding negligent manner of service etc.

But we are not unmindful to that fact that BSNL has not rendering service properly for which call drop, cross connection and other matter related to communication over phone has become a daily problem of all the consumers but BSNL Authority is very much reluctant to give proper service and redress.But anyhow in this case the redress is sought against of any complaint or general problem related but valued service on behalf of op is known to all even the street beggar.

So, in the above circumstances we are dismissing the complaint with a specific note that ops shall be very dedicated, devoted to render service and service must be un-interrupted and peaceful service.

 

Hence, it is

Ordered,

That the complaint be and the same is dismissed on contest without any cost against the ops.But we are directing the ops to render un-interrupted service to the consumer in all cases without sitting in their cold chamber and by deputing their staff activity to regularize the service because they are appointed for only drawing salary per month and for closing down this company ultimately.

 
 
[HON'BLE MR. Bipin Mukhopadhyay]
PRESIDENT
 
[HON'BLE MRS. Sangita Paul]
MEMBER
 
[HON'BLE MR. Pulak Kumar Singha]
MEMBER

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