IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 31st day of October, 2015
Filed on 08.05.2015
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt.Jasmine.D. (Member)
in
C.C.No.137/2015
between
Complainant:- Opposite Parties:-
Sri. Renjith. R. 1. The General Manager, BSNL
Thiramath BSNL Office, Near Pitchu Iyyer
Thekkemuri Junction, Alappuzha
Nedumudi P.O.
Alappuzha 2. The Additional General Manager
BSNL., BSNL Office
Near Pitchu Iyyer Junction, Alappuzha
(By Adv. K.B. Sindhu)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant was using the mobile phone by availing the connection of the opposite parties from November, 2012 onwards. But the opposite party without any reason, disconnected the connection on 28.4.2015. The disconnection of his phone connection without any notice, caused much inconveniences and hardships to the complainant. Hence the complaint is filed alleging deficiency in service on the part of the opposite parties.
2. The version of the opposite parties is as follows:-
During October, 2014 SDE (CAF) circle office, Trivandrum informed that about 4032 cropped images are misplaced from Alappuzha SSA up to July, 2014. After proper scrutiny the misplaced details were circulated through SSA net to all CSCI/C on 1.11.2014 to obtain the misplaced CAF which includes the number of the complainant under Alappuzha CSC. Final untraceable list of 1268 numbers was put up to General Manager, Telecom, Alappuzha on 30.12.2014 for obtaining sanction to send SMS to the subscribers including the complainant for submitting the misplaced customer application form and so the message was sent to the complainant. During February, 2015 about 300 subscribers were pending to submit the CAF and all the subscribers were contacted over phone for submitting the same. SMS was sent on 5.2.2015 three times to the complainant’s No. 9496668868 and the complainant was contacted on 5.2.2015 at 10.37 hrs for 93 seconds and he informed that he is not in station and will convey the same to his parents at home and submit the same. On 6.4.2015 list of balance 278 numbers including the number of complainant those who have not yet submitted the misplacing CAF was put up to GMT Alappuzha for obtaining sanction to disconnect the outgoing facility. The allegation that the opposite parties disconnected his mobile connection on28.4.2015 is not correct and hence denied. His mobile connection was disconnected only on 30.4.2015 not on 28.4.2015 as stated in the complaint. The outgoing calls were already made by the complaint on 28.4.2015, 29.4.2015 and 30.4.2015 also. On 7.5.2015 the complainant approached in person to SDE (CAF) and informed that he will not submit CAF and he wants to meet GMT Alappuzha in person and present his grievance. After meeting GMT, DGM (Mktg) informed AGM (CSC) to put up the file for providing outgoing to the complainant. AGM, CSC put up the file to DGM (Mktg) and obtained sanction for providing outgoing to the complainant (CS on condition that after providing outgoing, CAF should be arranged from the complainant. Outgoing was provided on 7.5.2015 itself and the same was informed to the subscriber by DGM (Mktg) and AGM (CSC). After receiving reconnection the opposite parties contacted subscriber several times over phone. But the same was not responding or switched off. There is no deficiency in service on the part of the opposite parties.
3. The complainant was examined as PW1. The document produced marked as Ext.A1. Opposite parties produced 3 documents, but it was opposed by the complainant.
4. The points that arose for consideration are as follows:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) If so the reliefs and costs?
5. According to the complainant telephone connection was disconnected without notice on 28.4.2015. But the opposite parties submitted that the connection was disconnected only on 30.4.2015 after giving information to the complainant. According to the opposite parties during October 2014 about 4031 cropped images are misplaced from Alappuzha SSA up to July 2014 and after proper scrutiny the misplaced details were circulated through SSA net to all CSCI/C on 1.11.2014 to obtain the misplaced CAF which includes the number of the complainant under Alappuzha CSC. The opposite parties further stated that they informed the complainant for submitting the misplaced customer application form and a message was sent to the complainant for the same. In order to prove their contention, the opposite party produced the details of SMS sent to the mobile No. of the complainant and the call details of the said number. The complainant opposed in marking those documents. On perusing SMS details, we came to see that on 5.2.2015, the opposite party sent a message to the complainant, “Dear Customer, Please submit your passport-size photo & ID-proof at any CSC before 7.2.2015. within 1 week to avoid disconnection. For details, contact 0477-2230060/2238410.” Even though, the complainant denied this message, the entries in the document produced by the opposite party show that it was sent to the complainant. The last date for submitting the Id proof is mentioned as 7.2.2015. But the complainant was allowed to continue the mobile phone connection even after 7.2.2015. According to the opposite party it was disconnected only on 30.4.2015. No notice of disconnection was served to the complainant prior to the date of 30.4.2015. Without serving notice of disconnection to the complainant, the mobile phone connection of the complainant was disconnected by the opposite party and that amounts to deficiency in service. Moreover it is an admitted fact that the reconnection was given to the complainant on 7.5.2015 without accepting any documents required by the opposite party. Hence the mental agony and inconveniences suffered by the complainant due to the act of the opposite party is to be compensated by the opposite parties.
In the result, complaint is allowed partly. The opposite parties are directed to pay Rs.2,500/- (Rupees two thousand and five hundred only) towards compensation to the complainant within one month from the date of receipt of this order. There is no order as to costs.
Dictated to the Confidential Assistant transcribed by me and pronounced in open Forum on this the 31st day of October, 2015.
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt.Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Renjith.R. (Witness)
Ext.A1 - Registered RTI dated 4.8.2015
Evidence of the opposite parties:-
Ext.B1 - Details of SMS sent to 9496668868 (Subject to objection)
Ext.B2 - Call details of 9496668868 from 1.1.15 to 7.5.15 (Subject to objection)
Ext.B3 - Call details of 2238410 (SDE CAF Office) (Subject to objection)
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
