Sri K.S Debasis Moharana filed a consumer case on 20 Apr 2016 against General Manager ,Telecom District ,BSNL in the Jajapur Consumer Court. The case no is CC/68/2015 and the judgment uploaded on 05 May 2016.
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.
Present: 1.Shri Biraja Prasad Kar,President,
2.Sri Pitabas Mohanty, Member,
3.Miss Smita Ray,Lady Member.
Dated the 20th day of April,2016.
C.C.Case No.68 of 2015
Sri K.S.Debasis Moharana, S/O Sri Khetrabasi Moharana
Vill.Kolathala, P.S.Kuakhia, Dist.Jajpur.
…… ……....Complainant .
(Versus)
1.General Manager, Telecom District,BSNL,Link Road,Cuttack-12.
2. S.D.O,Telephone Division,Dharmasala,At/P.O. Chandikhole,P.S.Badachana
Dist.Jajpur.
…………………..Opp.Parties.
For the Complainant: Sri Suryamani Moharana , Advocate.
For the Opp.Parties Sri D.P.Sathpathy, Sri P.Mishra, Advocates.
Date of order: 20.04. 2016.
SHRI PITABAS MOHANTY, MEMBER .
The petitioner has come with this complain petition alleging deficiency in service on the part of the O.Ps.
The facts relevant for this present dispute shortly are that the petitioner was a consumer under the O.Ps. bearing telephone no.06725-271658 and the petitioner was regularly paying the telephone bill / dues . Subsequently the petitioner has paid Rs.183/- on 29.09.2014 for the month of July and August.
That the telephone line became out of order since July-2014 due to construction of the new road and the underground telephone cable has been damaged. As such the complainant has personally approached to the O.P.no.2 as well as through several letters dt.20.10.2014,22.12.2014 and 12.02.2015 for restoration of the telephone line.
It is pertinent to mention here that the O.Ps. send a lawyer’s notice , though their lawyer on 01.05.2015 to the petitioner demanding Rs.614/- towards the telephone charges of defunct period of the telephone. Thereafter the petitioner objected the demand of the O.Ps.
Accordingly the petitioner filed the present dispute with the prayer to direct the O.Ps to pay compensation of Rs.1,00,000/- towards mental agony and business loss.
After notices though the O.Ps. have appeared and subsequently filed their written version taking the following pleas:-
1.That the case is not maintainable in the eye of law.
2.It is also false to say that the telephone line became out of order since July-2014 due to construction of new road and the petitioner approached to the O.P.no.2 for restoration of the telephone .
3.it is also false to say that due to the negligence of O.P.no.2 the telephone could not be restored for which the petitioner could not contacted his client for his business and sustained loss of Rs.50,000/-.
4.The telephone line got interrupted due to under ground cable fault / cut of several places for road construction and due to non supply of under ground cable by the Deptt the damaged cable could not be replaced by placing new cable . The telephone bills are generated by computer at local head office . However the out standing rental charges of the defunct period has been waived out . Hence the present complaint is not maintainable .
5.Since the land line telephone is not technically feasible at present the question of mental agony and compensation does not arrived since the complainant has not taken the land phone for his business purpose.
In view of the above circumstances the C.C. Case is laible to be dismissed.
Owing to the above narrated situation and after perusal of the record along with documents filed from both the side we are inclined to decide the dispute as per observation stated below :-
It is undisputed facts the petitioner is a consumer under the O.Ps. vide telephone no.06725-271658. Subsequently the telephone line became out of order due to under ground cable cut at several places for repairing of road.
On the other hand the petitioner stated that the O.Ps. have charged the rental and bill of the telephone at the time the telephone was out of order due to cable cutting and due to non restoration of telephone the petitioner has claimed compensation due to mental agony and business loss.
Though it is settled principle of law to prove by reliable relevant evidence that the petitioner has sustained loss due to non availability of telephone facility but there is not a single piece of paper or materials in support of the allegation of the petitioner , on the other hand the O.Ps. admit that the telephone line interrupted due to cable cutting for which the petitioner line was out of order for few days.
Accordingly we dispose of the dispute as per order below .
O R D E R
In the result the dispute is disposed of with the direction to the O.Ps. to waive the rental of the telephone of the petitioner for the period it was out of order if not waived earlier . No cost.
This order is pronounced in the open Forum on this the 20th day of April ,2016. under my hand and seal of the Forum.
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