Judgment On 17.02.2006
Present : Sri B.K. Samanta, President.
Sri S. Paul, Member.
This is a case for Telephone connection and compensation.
The complainant’s case is that complainant is in need of Telephone connection and he applied to the S.D.E(T)/Mecheda, Gr. Exchange on 10.07.2001 with a Bank Draft for a sum of Rs.500/- several times but no fruitful result has yet been achieved. The ASStt. Director, Consumer Affairs & Business Practices, Purba Medinipur informed the complainant by his letter dt.31.08.2004 that feasible pocket and the connection will be provided by WLL as per pocket as because the complainant is living ½ KM away from the cable and there are others connection in the house of other people surrounding to the house of complainant. The complainant was agreed to take WLL connection but no WLL connection has not been made till today. Under the circumstances, the complaint prayed for a direction to the OP to install the Telephone connection on the house of the complainant and compensation Rs.54,000/-.
The OP contested the case by filing their written statement wherein he denied the material allegation of the case and also stated that the case is not maintainable. He further stated that the location of the house of the complainant is within non-feasible the location of the house of the complainant is within non-feasible pocket for which the connection could not be given. The distance from DP to the House of the complainant is about 920 M. The OP further states that the complainant agreed to take the WLL connection and WLL connection will be provided to the complainant as per SL. Of registration No. and this has been informed to the Asstt. Directior, Consumer Affairs by their letter dt.20.04.2004. There is no fault on the part of the OP. Under the circumstances, he prays for dismissal of the case.
Points for decision.
On the basis of the above pleading of the parties, the following points are taken up for consideration.
Point No.
- Is the case maintainable?
- Is there any deficiency service on the part of the OP?
- Is the complainant entitled to get any relief as prayed for?
Decision
Point 1. It is admitted by the OP that the complainant deposited the requisite fee to the OP. From the letter of the OP dt. 20.08.2004 it is evident that the OP issued letter to the Asstt. Director by the Telephone Deptt. The WLL Telephone connection which will be provided on the basis of Sl. And registration no. The Asstt. Director communicated the same to the complainant on 31.08.2004. The case has been filed on 28.07.2005. i.e. within the period of limitation. Considering the circumstances, we can say that the case is maintainable.
Point 2. It is stated by the complainant in his petition stated that he is willing to take the WLL connection and the OP is ready to provide the same as per Sl. Of Registration To. The complainant applied for connection on 10.07.2001(exbt.1) The letter issued by the OP to the Asstt. Director/Consumer Affairs on 12.08.2004(Exbt.2) wherein he stated that waiting list has been cleared up to 23.11.2000 and he will provide WLL connection as per Sl. Of registration No. The written statement filed on 21.10.2005 but in the written statement he has not stated up to what sl. No. of Registration he had reached regarding the WLL connection. It is stated by the OP that the WLL connection has been cleared up to 23.11.2000 and the application of dt. 10.07.2001 so we can expect that at the time of written statement the Sl. No. reached up to the application of the complainant. But nothing has been expressed about the Sl. No. in the written statement filed on 26.10.2005. Moreover, no reply has been given to the complainant in this matter.
Considering the circumstances, we can say that this non-submission of reply and non-providing the WLL line to the complainant is no doubt a fault or deficiency in service o the part of the OP.
Point3. On the basis of the foregoing discussions and material on record we are of opinion tha the complainant is entitled to have Telephone WLL connection if not possible to provide land line and compensation.
Hence, Ordered
That the complainant is entitled to have WLL connection if not possible by Telephone Deptt. Regarding Land Line at this stage along with compensation of Rs.5,000/- The Op is directed to provide the same by one month from this date failing which the complainant is entitled to have the same by way of execution through proper court of Law.
