DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F.ORIGINAL CASE No.32/2008. Date of filing of the Case: 19.03.2008 Complainant | Opposite Parties | Md. Belal Hossain S/O. Late Mozu Sheikh Vill. Gayeshbari, (Kalapahar), P.O. Gayeshbari, P.S. Kaliachak, Dist. Malda. | 1 | General Manager Bharat Sanchar Nigam Limited Malda Telephone Bhawan (Near S.B.I., Malda Branch) P.O. & Dist. Malda. | 2 | Account Officer (T/R) B.S.N.L., Malda , Telephone Bhawan (Near S.B.I., Malda Branch) P.O. & Dist. Malda. | 3 | Sub-Divisional Officer B.S.B.LO., S.M., Pally, N.H. 34, P.O. & Dist. Malda. |
Present: | 1. | Shri A.K. Sinha, Member | 2. | Smt. Sumana Das, Member |
For the Petitioner: Md. Sahanul Islam, Advocate. For the O.Ps: : None. Order No. 05 Dt. 30.06.2008 This is an application u/s 12 of the Consumer Protection Act, alleging therein that the petitioner was a subscriber of Malda BSNL Telephone No.247413 and connection No.102011. The aforesaid connection was under the immediate control of Sujapur Telephone Exchange and it was subscribed in 2002. Due to irregular service the petitioner decided to surrender the telephone connection and accordingly he cleared the up to date bills on 17.10.2006 by payment of Rs.687/- against Bill No. 5717 D No.23836793 dated 08.08.06 and Bill No. 5717 D No.24760715 dated 08.10.06. He also deposited the telephone receiver, xerox copy of paid to bills etc to O.P. No.3 along with prayer dated 18.10.06 for disconnection of the telephone line and prayed to return the deposited amount. On 15.1.07 the petitioner appeared before O.P. No.2 (Accounts officer [TR]) and submitted his grievance showing the receipt copy of his prayer for surrendering the telephone connection. O.P. No.2 after perusing documents had put a remark on the above receipt copy that line may be disconnected, dues may be adjusted from security deposit of Rs.1320/- and necessary closing A/note may be sent A.O. (TR) bill. The petitioner thereafter, visited the Divisional Office of Telephone for several times but did not get back his security deposit rather he was humiliated. The petitioner at his utter surprise received a notice from A.O. (TR) along with a bill No.765 dated 08.04.2008 amounting Rs.2056/- against old bills not paid @Rs.257/- from 08.12.2006 to 08.02.2008 bimonthly, for payment and this give rise to the instant petition praying for the reliefs as have been made out in the petition of complaint. Neither the O.Ps. nor anybody on their behalf appears before this Forum to represent their case or to file any written version. It appears from records that notices were served upon O.P. No.1 to 3. (1) G.M., BSNL, Malda near SBI Malda Branch, (2) Account Officer (T.R) BSNL Malda and (3) S.D.O., BSNL, S.M. Pally, N.H. 34 Malda, directly by the process server of this Forum. Inspite of the fact none of the O.Ps. has made his appearance on repeated calls on 06.06.2008 and 18.06.2008 and 26.06.2008 for filing written version or to file application to vacant exparte order vide order No.3 dated 18.06.2008. In view of above circumstances the case was taken up for exparte hearing. In support of his contention the petitioner has examined himself as P.W. – 1 and has corroborated the contents of petition of complaint. Xerox copy of prayer for disconnection of phone No.247413 on production of telephone receiver set etc on 18.10.2006 containing receipt of the same on 18.10.2006 and order of O.P. No.2 for disconnection and return of security deposit under his seal & signature dated 15.01.2007 (Ext.1), bill dated 08.10.06 for Rs.674/- (Ext.2), Payment receipt No.5717 DN 23836793 dated 08.08.06 and No.5717 DN 24760715 dated 08.10.2006 (Ext.3), Notice of AO (TR) BSNL for payment of outstanding bimonthly bills from December 2006 to February 2008 amounting Rs.2057/- (Ext.4) and bill No.765 dated 08.04.08 against Telephone No.247413 (Ext.5) have been marked as exhibits. On consideration of the above facts and circumstances and in absence of anything to the contrary there appears no bottlenecks to disbelieve the testimony of the petitioner himself and the documents as well, originals of which have been produced in the Forum. From the testimony of the petitioner as well as from Ext.-1, 2 and 3 it has emerged that the petitioner left no stone unturned to draw the attention of the telephone authority Malda BSNL to get return of security deposit after necessary adjustment on surrender of the telephone receiver set on 18.10.2006 but was frustrated and suffered from serious mental agony from the date of receipt of outstanding bill of Rs.2056 (Ext.5) and the notice for payment of the same (Ext.4) for the periods when he has not been subscriber of BSNL, Malda. The Forum found serious concern on the attitude of the OPs. After having given an anxious consideration of the facts and circumstances referred to hereinabove and in the above view of the matter it can not but be said that it is a clear case of deficiency of service, negligence of O.Ps. There is sufficient merit in the statement of the complainant and his claims seem reasonable and hence accepted. In view of the above, there is reason to hold that the BSNL authority Malda has sent notice for payment of outstanding bills amounting Rs.2056/- (Ext.4) and bill No.786 dated 08.04.08 (Ext.5) without authority and need to be revoked. Proper fees have been paid. Hence, ordered, that Malda D.F. Case No.32/2008 is allowed exparte against all the O.Ps. (General Manager, Bharat Sanchar Nigam Limited, Malda Telephone Bhawan [Near S.B.I., Malda Branch] P.O. & Dist. Malda & Account Officer (T/R) B.S.N.L., Malda , Telephone Bhawan [Near S.B.I., Malda Branch] P.O. & Dist. Malda and Sub-Divisional Officer B.S.B.LO., S.M., Pally, N.H. 34, P.O. & Dist. Malda) with the following orders:- 1. The O.Ps. do revoke the notice of A.O. (T.R) BSNL, Malda for payment of outstanding bills amounting Rs.2056/- against Telephone No.247413. 2. The O.Ps. do withdraw bill No.765 dated 08.04.2008 issued against telephone No.247413 and to treat the same as cancelled. 3. The O.Ps. do return the security deposit of telephone connection No.102011 after necessary adjustment to the petitioner with interest @Rs.9% per annum from February 2007 to till its final realization. 4. The O.Ps. do pay jointly and severally Rs.500/- as compensation to the petitioner within 30 days from the date of receipt of this order. Petitioner be at liberty to take recourse to law in case of failure to comply the above orders by the O.Ps. Let the copy of order be given both the parties free of cost at once. Sd/- Sd/- Sumana Das A. K. Sinha Member Member D.C.D.R.F., Malda D.C.D.R.F., Malda | 
