Date of Filing             : 11-03-2009

                                                            Date of Order            : 18-08-2009

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                C.C.No.68/09

                                    Dated this, the 18th day of August   2009.

PRESENT

SRI.K.T.SIDHIQ                                            : PRESIDENT

SMT.P.RAMADEVI                                                : MEMBER

SMT.P.P.SHYMALADEVI                          : MEMBER

Raveendra Shetty,

S/o.Ramanna Shetty,

Po. Kayyar Madanathur Guthu House,     } Complainant

Kasaragod, 671322.

(In person)

1. General Manager, BSNL, Kannur.         } Opposite parties

2. The Divisional Engineer,

    Telephones, BSNL, Kasaragod.

                                                            O R D E R

SRI.K.T.SIDHIQ, PRESIDENT

            Complainant is the subscriber of the telephone landline No.242371 within the jurisdiction of  Uppala Exchange.  He is a subscriber of telephone since 4 years.  But his telephone causing him much nuisance and he could not avail the benefit of it. Most of the days the telephone is dead and apart from that there is the problem of link in line  and as a result when he dials  a number it goes to another one and when it repeats he is getting fired  from the receiving end.   As a result he being a social worker could not contact with others in the sphere of his social activities.  Further his age old mother also put in mental agony when the complainant is late to his house and this has put her a mentally distressed condition. Though the complainant requested the BSNL personnels either to repair the line or to find out a permanent solution, they did not respond positively.  Hence the complaint claiming a compensation of Rs.10,00,000/-.

2.            Opposite party No.1 filed version.  According to them the allegations of the complainant were not correct.  The connection is provided using underground cables for 6 KM and over head alignment for 1 KM.  There were some interruptions on this number due to the overhead alignment damaged by vegetations. Some times due to theft of overhead alignment also this alignment was damaged.  As soon as the interruption was reported they have taken immediate actions to redress the grievance of the complainant. The contentions that the telephone remained dead more than 20 days in a month is not true and the complainant had no such monetary loss.  The line is proper and the faulty condition of alignment are due to the damages caused by other agencies like PWD Water authorities or private telecom operators.  Some instances of fault by way of cross talk due to low insulation in the damaged  joints are reported and action was taken to rectify these faults then there.  The fault card and the meter reading details of the complainant shows the working pattern of the phone of the complainant.  The complainant is using the telephone frequently for originating calls.  Hence there is no deficiency in service on the part of opposite parties and hence the complaint is liable to be dismissed.

3.         Exts A1 series, two  AD Cards marked on the side of complainant.  Exts B1 & B2 marked on the side of opposite parties.  Both sides heard.

4.         The claim of complainant is Rs.10,00,000/- we are unable to find on what basis the complainant has claimed this fantastic amount of compensation, even if his complaint regarding the interruption and break down of his telephone line is assumed  to be true.

5.         The telephone department is expected to provide uninterrupted defect free  connection to its customers  round the clock.  They are charging rent for keeping the telephone line in live condition.  So they are duty bound to respond positively to the grievance of the consumer.  But Exts B1 & B2 did not show that the complaints were attended with inordinate  delay.

            In the circumstances the complainant is not entitled for the fabulous amount he claimed as compensation.  However we direct the opposite parties to provide round the clock uninterrupted service to the complainant in future and opposite parties are also directed to pay Rs.1000/- towards the cost of these proceedings.

     Sd/-                                               Sd/-                                                 Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Exts.

A1 series photocopy of acknowledgement cards

B1.Subscriber Fault Card-Uppala 242371

B2. Period wise Meter Reading of UPL 242371.

      Sd/-                                                Sd/-                                                 Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Pj/                                                                                Forwarded by Order

                                                                            SENIOR SUPERINTENDENT