ORDER

03/01/2008

Parties are present. Order is announced in the separate sheet.

This is dispose of the Complaint case filed by the Complainant under Sec 12 of the Consumer Protection Act. 1986.

The Case of the Complainant in brief is that after changing his Telephone (WBTL) No. 201114 from old telephone (WBTL) No. 211114, the same was un functioning till he filed the Complaint. The Complainant verbally made many complaints to the Opp. Parties in the connection for rectifying the fault of Telephone machine. Ultimately the Complainant made a written report to the Opp. Parties on 13/12/2006 after he obtained bill from the Opp. Parties for the unfunctioned Telephone. Even after the payment of bills, the opp. Parties have also filed to rectify the defect of the Telephone machine of the Complainant. Hence the Complainant prays for giving a direction to the Opp. Parties to pay a sum of Rs. 2,30,000/- (Rupees two lakhs and thirty thousand) only as total compensation for deficiency of service, for his mental agony and cost of litigation and also prays to refund the bill cleared by him to the Opp. Parties amounting Rs. 1,246/- (Rupees one thousand and two hundred forty six).

The Opp. Parties have confessed the Case of the Complainant by filling their written version denying all the allegations made in the Complaint of the Complainant. The Case of the Opp. Parties is nutshell are that they received the written report of the Complainant only on 13/12/2006 and on enquiring they found that there was some technical problem in getting the signal in that area of the Complainant from Thoubal exchange except Wangoi WLLBTS and as such the delay in rectifying the telephone machine of the Complainant was caused due to the fail and as such there was some delay in functioning the concerned telephone as to connect it to the Wangoi WLLBTS. The Wangoi WLLBTS was installed only on 30/12/2006. Consequently the Opp. Parties made changing a new Hand Set type WLL machine and allotted a new telephone being M. W. WGN – 2054145 to the Complainant on 03/09/2007 and its functions has started from 08/09/2007 and as such the question of deficiency of service on the part of the Opp. Parties does not arise.

In respect of the bills, it is the allegation of the Opp. Parties that the bills are rental charging only and not service charges which was generated automatically through the Computer. So the question of refunding the bills does not arise. Hence the Opp. Parties prayed for passing an Order in in their favour.

Heard the submission of both the Ld. Counsel of the Parties. The Ld. Counsel of the Complainant has submitted all the facts of the Complaint and produced two documents in support of his Case. One is the Photostat copy of the written report and another one is the Telephone bill copy.

On the other hand the Ld. Counsel of the Opp. Parties has also submitted all the facts of the written version and produced two documents in support of their Case. One is the Photostat copy of allotted WLL Machine with telephone number of Wangoi WBTL being WWGN – 2054145 showing the functioning test of the said WLL dated 08/09/2007 and another one is Photostat copy of programming of the changing number dated 05/07/2006 of BSNL, Thoubal. In support of their Case the Ld. Counsel has relied upon the decision in “ District Enginer, Telegraph –VS- Sunil Kumar Sharma, 1996 (I) CPR 335 (Patna)” wherein it has been held that the deficiency in service when phone went out of Order due to technical reason.

After hearing the submission of both the Ld. Counsel of the Parties and after perusal of the documents on records, we have seen that a written report regarding the non- functioning of the Telephone machine was lodged on 13/12/2006 and the same is admitted by the Opp. Parties. It is also admitted by the Opp. Parties that the Complainant had cleared his outstanding due bills on 19/12/2006. From the written version of the Opp. Parties. We have seen that Wangoi WLLBTS was installed on 30/12/2006 and the WLL service of the Complainant was started functioning only from 08/09/2007 from the Wangoi WLLBTS. From the face of the record we have also seen that the Complainant has been using his WLL Telephone only from 08/09/2007. It shows that there is a gap of about 8 (eight) months from date lodging written report and also from clearly the due bills.

Hence, we opened that the delay of about 8 (eight) months due to technical problem as submitted by the Ld. Counsel of Opp. Parties is not a reasonable one and no sufficient ground/reason has been given why the Telephone/WLL machine was not made functional and why necessary steps were not taken to function the service of the Complainant even after he cleared the due bills on 19/12/2006. Telephone these days is necessity. The Counsel of the Opp. Parties also submits that there was some delay in functioning the concerned Telephone WBTL of the Complainant. Therefore the Complainant has suffered inconvenience and harassment owing to the delay in functioning his WLBTL . From the above observation we hold that there is deficiency service on the part of the Opp. Parties.

As regards the in funding of the bills amount as alleged by the Complainant. We have seen from the record and hold that the bills are only for rental charges and for service charges as such there is no ground for refunding the same to the Complainant.

Hence, it is Ordered that the Opp. Parties are directed to pay a sum of Rs. 7,000/- (Seven thousand) as compensation for deficiency of service, a sum of Rs. 2000/- (two thousand) for mental agony suffered during those un functioned period and a sum of Rs. 1000/- (one thousand) as to cost of litigation, to the Complainant.

Further the Opp. Parties are directed to pay the whole said compensation amount within 4 (four) weeks from the date of this Order.

Hence the Complaint Case is disposed of.