Record is put up before us for order.

Sri Swapan Kr. Josh S.D.C.F.A., BSNL  Jdr. is present by filing his hajira.

On the other hand Dhr. is absent without any step.

The contents of the petition dated 17-02-2017 filed by Jdr. in short is that this Forum given direction upon the Jdr. / O.P.  to give telephone connection along with broad band MAX to Dhr. school  if it is technically feasible ; but it is not technically feasible to give land line and broad band connection to Dhr. School.  So, the Jdr. has made prayer to ask school authority to get WLL / 2G (EDGE for Data) service to the Dhr. School or they can get their amount back from BSNL and also made from prayer to close this case.

In this case Ld. Advocate for the Dhr. submitted inter alia that this Jdr. was directed to give land line telephone connection as well as broadband to the Dhr. School in Judgement dated 26-09-2014 passed in connection with C.C. No.52 of 2014.  He has also further submitted that the 2G Data connection is very slow.  So, the purpose for which data connection applied for will be frustrated if 2G connection is given.  So, he prays for asking Jdr. to give land line BSNL telephone connection along with broadband connection.

On the other hand Jdr. Sri Swapan Kr. Josh submitted inter alia that the underground cable laid for land line connection have been badly damaged and there is no immediate chance to repair the same and there is no infrastructure at present to give land line connection along with broad broadband facility to Dhr. School.  So, it is not possible at present to give land line connection as well as broadband data service connection to the Dhr. School for want of infrastructure.  So, he has made prayer to ask the Dhr. School to give consent for getting WLL connection along with 2G data service.

We carefully heard the submissions made by the both sides.

Perused the petition dated 17-02-2017 and the Judgement dated 26-09-2014 passed in connection with C.C. no.52 of 2014.  It appears from the ordering portion of the Judgement is that “ That the O.Ps. are directed to give telephone along with Broadband connections to the Institution i.e. Joykrishnapur High School of the Complainant providing Wi MAX connection or any other technical resource if it is technically feasible in order to run the Institution smoothly for the benefit of the students, as early as possible.

So, we find that O.P. Jdr. was directed to give telephone connection along with broadband connection to Complainant / Dhr. School providing Wi MAX connection or any other technical resource if it is technically feasible in order to run the Institution smoothly for the benefit of the students.  As per submissions of Jdr. that there is no infrastructure to give land line connection having broadband facility to the Dhr. School for want of infrastructure.

No documents or report have been submitted to satisfy that there is an infrastructure to give land line telephone along with broadband connection to the Dhr. School.

So, we do not find any reason to disbelieve the statement of Jdr. in the matter of their inability to give land line connection along with broadband facility for want of infrastructure to Dhr. School.

But we find from this Judgement that this Forum has given alternative option / remedy to the O.P. / Jdr. for providing this facility in any other technical resource if it is technically feasible in order to run the Institution.  Jdr. has made proposal i.e.  offer to Dhr. School for taking telephone connection i.e. WILL / 2G service to Dhr. School i.e. in alternative mode as directed in Judgement.  It has been proved that land line Broadband connection to Dhr. School is not feasible at present.  So, Jdr. can opt for making after to Dhr. for alternative remedy as stated in Judgement in the matter of giving telephone connection. 

So, we find that Jdr. is very much willing to comply with the direction made in Judgement on alternative mode in the matter of giving telephone connection.

In view of the above facts & circumstances we hold that the Jdr. is not in a position to give land line along with broadband connection to the Dhr. School for non-availability of infrastructure at present ; but he has made offer to the WLL / 2G telephone connection to Dhr.School   as per direction made in Judgement i.e. in alternative mode / way / remedy .

So, we find that as per contents of the Judgement if Jdr. is given liberty to adopt other technical resource i.e. WLL / 2G / ADGE for data service to the Dhr. School if Dhr. School intends to take the said services then it will amounts to compliance with direction of Judgement and none would be prejudiced.

In view of the above circumstances we hold that there is some materials in the petition and this petition should be allowed.

Hence, it is

                                                                  Ordered

That the petition filed by Jdr. on 17-02-2017 is hereby allowed on contest ; but without cost.  

Jdr. Sri Swapan Kr. Josh S.D.C.F.A., BSNL is hereby directed to give WLL / 2G (EDG) for data connection to the Dhr. School by thirty (30) days from the date of receipt of consent letter ;  if  submitted by Dhr. expressing its willingness to take said connection in writing to Jdr. Office.

Dhr. School is at liberty to intimate in writing to the office of O.P. / Jdr. whether he is willing to take WLL / 2G service telephone connection by fifteen (15) days from the date of receipt of copy of this order.

If Dhr. School fails to give any intimation for taking WLL / 2G connection by the date fixed, then it will be presumed that he is not willing to take said WLL / 2G connection; then                     necessary order will be passed in this regard.

Jdr. / O.P. is hereby further directed that if it is feasible in giving land line telephone along with broadband connection to the Dhr. School in future then the Jdr. shall give first preference to the Dhr. School in the matter of giving land line telephone along with broadband connection to the Dhr. School positively ; subject to payment of  its installation charges / cost etc.

Jdr. is further directed comply with other direction about adjustment of charges etc. as stated in Judgement dated 26-09-2014 passed in connection with C. C. No. 52 of 2014.

Thus this Misc. Case is hereby disposed of.

Fix 02-08-2017 for appearance of parties  & Further Order.

Let plain copy of this Judgement be given to the parties free of cost.