Chandigarh

DF-II

CC/610/2020

Welfare Association MIG-I Houses (Regd) - Complainant(s)

Versus

General Manager/Telephones, Bharat Sanchar Nigam Ltd - Opp.Party(s)

In Person

30 Sep 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	610 of 2020
Date  of  Institution	:	20.11.2020
Date   of   Decision	:	30.09.2021

 

 

 

 

 

Welfare Association MIG-I Houses (Regd.), Sector 40-C, Chandigarh.

             …..Complainant

 

Versus

 

 

1]  General Manager/Telephones, Bharat Sanchar Nigam Ltd., Sector 34, Chandigarh.

 

2]  The Sub Divisional Officer/Telephones, Sector 37, Chandigarh.

     ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SH.PRITI MALHOTRA              MEMBER               

 

Argued by :-  Sh.S.K.KHOSLA, Authorised Agent of Complainant

   Sh.G.C.Babber, Advocate for OPs

 

PER RAJAN DEWAN, PRESIDENT

 

         Concisely put, the members of complainant association, who are the subscriber of OP Company’s telephone connections/numbers, suffered a lot due to non-functioning of the telephone connections provided by OPs for the period from 5.7.2020 to 29.7.2020.  It is averred that the complainant association lodged several complaints with the OPs for making the telephone connections functional, but they failed to do the needful.  It is also averred that due to the said deficiency in service on the part of the OPs, the members of complainant associations, including senior citizens, suffered a lot especially during the Covid-19 period.  Hence, this complaint.

 

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that the complaint with regard to the non—functioning of the telephones in the locality was received on 19.7.2020 for telephone no.2694300 which was pertaining to Sh.S.K.Khosla and that the telephones of the locality were fully restored on 31.7.2020.  It is stated that there was a water supply repair undertaken by the Municipal Corporation, Chandigarh where digging was done through JCB machines near public parK Sector 40, Chandigarh  near the houses of the subscribers.  It is submitted that this digging work resulted the cut of the underground cables at various places and the restoration work was immediately started and was completed initially for other telephones of the locality and remaining on 31.7.2020 where the telephone number of three persons including the complainant were made operational.  It is also submitted that the work of joining the cable was little delayed due to shortage of labour, persistent leakage of water and due to the non-available of staff because of Covid-19, but still all efforts were made by the OPs to restore all the telephones within a period of just 10 days.  It is  further submitted that the non-rectification was beyond the control of BSNL for which no liability can be fastened on the BSNL as it took all steps to restore the telephones immediately. Denying rest of the allegations, the OPs have prayed for dismissal of the complaint.          

 

3]       We have heard the ld.Counsel for the parties and have also perused the entire record.

 

4]       The thorough perusal of the record reveals that the breakdown of telephone connections in question happened due to digging work, resulting in cutting of underground cables.  It is clear that the OP Company restored the same within a reasonable time despite limitations being faced due to Covid-19 pandemic and after that the telephone connections of complainant association are functioning smoothly. 

         The breakdown in question discloses a sudden situation for which it is not possible to fix responsibility either of some individual or the department.  There is no willful or intentional lapse on the part of OPs, therefore, it is difficult to infer deficiency in service on the part of OPs.

 

5]       From the above discussion, we are of the opinion that there is no deficiency in service on the part of Opposite Parties.  Therefore, the present complaint stands dismissed. No order as to costs.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                             

30^th Sept., 2021                                                                                                                                                 sd/-

                                      (RAJAN DEWAN)

PRESIDENT

 

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER