IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                CASE No.  CC/159/2019

 Date of Filing:                    Date of Admission:             Date of Disposal:

   07.11.19                                    14.11.19                                 17.08.22

Complainant:  Smt. Anjali Chakraborty

                        W/o – Sri Manas Chakraborty

                        Of Biswaspara, P.O. & P.S- Jalangi

                        Dist-Murshidabad, PIN-742305

-Vs-

Opposite Party: The General Administrator,

                           Berhampore Telecom District Bharat

                           Sancher Negam Ltd.

                           P.O. & P.S. Berhampore,   

                           Jiaganj Fultala Branch,

                           Dist- Murshidabad,

                           Pin-742101.

Agent/Advocate for the Complainant                        : Aditya Nath Upapadhyay

Agent/Advocate for the Opposite Parties                  :  S.S.Dhar

.

           Present:   Sri Ajay Kumar Das…………………………..........President.     

                 Sri. Subir Sinha Roy………………………………….Member.                       

                             Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

   Sri. Ajay Kumar Das,  Presiding Member.

   This is a complaint under section 12 of the CP Act, 1986.

One Smt. Anjali Chakraborty (here in after referred to as the Complainant) filed the case against The General Administrator, Berhampore Telecom District Bharat Sancher Negam Ltd. (here in after referred to as the OP) praying for compensation alleging deficiency in service.    

 The material facts giving rise to file the complaint are that:-

The complainant was the customer of BHARAT SANCHAR NIGAM LTD. under Berhampore telecom District who provided one Land Line connection in the name of the complainant vide Phone No. 03481235714 as per proper application and furnishing security deposit amount for such connection. The complainant is a female person as such due to unwanted situation she had been surrendered her Land Phone connection with receiver after filling up the prescribed application Form to the authority concerned on 30.08.2016 which had been duly received on the same date by the authority concerned with proper seal on the application form.

Before compliance with the above noted process the complainant paid full amount of monthly bill as demanded by the BSNL authority against such connection.

But, after expiry of six to seven months of such process further bill against above noted Telephone number has been issued by the BSNL authority in the name of the complainant mentioning the period from 01.02.2017 to 31.03.2017 for using the telephone. One fine morning the complainant received one phone call in her mobile from the BSNL Office Berhampore and told her for payment of Rs. 6000/- as outstanding dues of the complainant for use of the phone. After hearing that the complainant for the sake of solving the unwanted situation she went to the BSNL office Berhampore and met with the authority concerned and submitted an application stating all the facts to the authority which has been received by the good office of the BSNL Berhampore and also verbally disclosed the matter to the Officer on 03.09.2019.

Obviously a question arises in the mind of the complainant that after surrendering the telephone connection with the receiver how it is possible to use the telephone by the complainant. It might be only to create mental pressure upon the complainant which is not at all desirable from a goodoffice like such type of work. The BSNL is meant for proving proper guide, relief and without any harassment of their customer.

Therefore, under compulsion and finding no other alternative the complainant filed this case before this Commission for proper justice, relief and redressal.

Defence Case

 After service of the notice the O.P. appeared by filing written version containing inter alia that the petition is not maintainable, the petitioner has no cause of action to file the case.

The petitioner was a consumer under the Opp. Party. This Opp. Party received a complaint from the petitioner on 03.09.2016 regarding due bill. This Opp.Party enquired the dispute and solved the dispute on 16.09.2019. The authority found that there are no outstanding dues showing in the system at present. The Bill was sent due to system error.  . So the petition is liable to be rejected.

On the basis of the complaint and written version the following points are framed for proper adjudication of the case:

Points for decision

1. Is the Complainant a consumer under the provision of the CP Act, 1986?

2. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1

This point is taken up for decision. Ld. Advocate for the complainant submits that the complainant is a consumer to the O.P. Ld. Advocate for the O.P. is silent on this point. Keeping in mind the submissions of both sides and considering the facts and circumstances of this case we are of the view that complainant is a consumer to the Opposite Party.

Point no.2

Ld. Advocate for the O.P. fairly submits before this court that the petitioner was a consumer under the Opp. Party. This Opp. Party received a complaint from the petitioner on 03.09.2016 regarding due bill. This Opp.Party enquired the dispute and solved the dispute on 16.09.2019. The authority found that there are no outstanding dues showing in the system at present. The Bill was sent due to system error.

Ld. Advocate for the complainant fairly submits that the dispute has already been solved. At present he has no objection if the case be dismissed.

Keeping in mind the submissions of both sides and considering facts and circumstances of the case we are of view that the instant complaint is liable to be dismissed.  

Reasons for delay

The Case was filed on 07.11.19 and admitted on 14.11.19. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case is dismissed.

Fees paid are correct. Hence, it is

                                            Ordered

that the instant complaint case No. CC/159/2019 be and same is dismissed on contest against the O.P. but without any order as to costs.

Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in