BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 40 of 2014

            Sri Sabyasachi Datta, 

            R/O – House No.17, Lane No.2

            1^st Link Rood, P/S- Silchar- 788005, Dist- Cachar, Assam.                          Complainant.   

                                                                        -V/S-

                 1.    The Chief Manager Director,

                        Bharat Sanchar Nigam (BSNL)

                        Harish Chandra Lane Janpath                                                           O.P No.1.

                 2.    The Chief General Manager. Bharat Sanchar Nigam Ltd. Northeast.

                        1^st Floor, O/O the CGMT, BSNL, N.E-1 Circle, C.T.O Building

                        Shillong-01, Meghalaya.                                                                     O.P No.2.

                 3.    The General Manager,

                        Doorsanchar Bhavan, Kaman Chowmuhani,

                        Agartala-799001, Tripura.                                                                  O.P.No.3.

                 4.    The General Manager, Assam Telecom Circle, Silchar

                        O/O the General Manager Telecom District, Silchar-788001.                     O.P.No.4

Present: -                                Sri Bishnu Debnath,                                       President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

                                                            Shri Kamal Kumar Sarda,                                 Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

            Appeared: -                 Mr. Mithu Deb, Advocate for the complainant.

                                                Mr. Shibojyoti Choudhury, Advocate for the O.P.No.1 to 3.

Mr. Santanu Nandan Bhattacharjee, Advocate for the O.P.No.4

                           Date of Evidence                             02-04-2015, 08-06-2015, 03-08-2015

                         Date of written argument                  20-06-2017, 25-07-2017, 30-12-2017

                         Date of oral argument                        14-08-2018, 06-09-2018        

                         Date of judgment                               04-10-2018

                                          JUDGMENT AND ORDER

                  Sri Bishnu Debnath,

1. This complaint has been brought by Sri. Sabyasachi Datta against Chief Managing Director, BSNL and its 3 (three) more officers including the General Manager, Assam Telecom Circle, Silchar for award of Compensation for disconnection of his post-paid mobile phone service for 2 (two) days with effect from 02/09/2014.

2. The fact stated below:-

The Complainant being a practicing advocate at Silchar. One post-paid mobile connection bearing No. 9612161067 was activated in his name on 03/06/2011 under plan 225 and he paid security deposition of Rs.500/-. On 05/08/2014 a bill was issued against the said mobile covering period from 01/07/2014 to 31/07/2014. The bill amount was Rs.1370/-. Last date of payment was 28/08/2014. The Complainant paid the bill on 31/08/2014 through online payment. But without any intimation to complainant disconnected the service of outgoing call, internet facility and SMS since 02/09/2014.

3. Hence, this case for relief of award of Rs.20,000/- as compensation and Rs.5,000/- as  loss of business etc.

4. The Chief Managing Director and 2 (two) other officer of BSNL in their joint W/S stated inter alia that online payment updation requires at least 72 hours and the payment of the Complainant was not updated to the auto disconnection schedule of EZBC, Kolkata, so, the said mobile number was disconnected automatically. They also stated that the payment against the said mobile number updated on 03/09/2014 and accordingly number reconnected automatically. They said the online payments updation of payment and automated disconnection are the scope of SSA functioning.

5. The O.P. No.4 i.e the General Manager, Assam Telecom Circle, Silchar also in his W/S supported the plea taken by other O.Ps.

6. During hearing, the Complainant submitted his deposition and exhibited online payment documents etc. The O.P.No. 1 to 3 submitted deposition of Sri. Samir Das and O.P.No.4 submitted deposition of Smti. Aparna Ghosh. After closing evidence all sides counsels submitted written argument.

7. I have perused the evidence, written argument and heard the Ld. Advocates.

8. It is admitted fact in view of evidence on record that the Complainant made payment of bill online on 31/08/2014, vide Ext.2. A Bank statement is also available in the case record, which clearly establish the fact that online payment was made on 31/08/2014 through SB Account No. 10631000014250 of HDFC Bank. But the Ext.1 mobile bill indicated the payment due date on 28/08/2014 for bill period of 01/07/2014 to 31/07/2014.

9. The Complainant paid the bill after 3 (three) days of expiry due date and as per explanation of the O.P.No.1 to 3 the online payment updated on 03/09/2014 in the automatic system of BSNL, that is why as per pre-loaded schedule the mobile service of the Complainant disconnected. The explanation of the O.Ps is understandable and convincing.

10. The evidence on record leads to conclude that as soon as payment updated in the system, automatically the mobile service reconnected. The said fact is not only established by the O.P. by adducing evidence but also supported by the Ext.4 mobile bill. But in the mobile bill it is clearly written as:- “ Please pay bill at Cellone Customer Service Centre before due date to avoid late fee ”. Which means and understood that if payment is made in cash or cheque etc. there is a provision for late fee but no-where stated in the bill that if payment is made after expiry of due date the mobile connection will be deactivated.

11. Thus, in this case it is a fact that the Complainant made payment online on 31/08/2014 i.e after 3 (three) days of due date and the payment updated on 03/09/2014. So, actual payment received by BSNL authority on 6^th days from the date of expiry of due date. In that situation the BSNL authority would charge late fee but in no way take attempt to disconnect the mobile connection. Moreover, the BSNL authority already received the security deposit of Rs.500/- from the Complainant, so there would not be any difficulty to realize the late fee from the account of the Complainant. But the BSNL authority without keeping in mind the inconvenience of the customer feeded the Computer generated system in automatic mood to disconnect the service of the customer who fails to deposit the bill amount within the due date.

12. As the Computer generated system is programmed by the BSNL authority unilaterally disregarding the interest of the customer, so in my considered view the BSNL authority is not providing service with full satisfaction of the customer. As such in this case, I have found deficiency in service of the BSNL authority. Therefore, they are jointly and severally liable to pay compensation of Rs.5,000/- (Rupees Five Thousand) only to the Complainant and also liable to pay cost of the proceeding of Rs.1,000/- (Rupees One Thousand) only.

13. The O.Ps are directed to pay the above awarded amount of Rs.6,000/- to the Complainant within 45 days from today. In default, interest at the rate of 10% per annum to be added with the total awarded amount.

14. With the above, this case is disposed of on contest. Supply free certified copy of Judgment to the parties. Given under my hand and seal of this District Forum on this the 4^th day of October, 2018.