Heard learned counsel for both the sides.
2. This appeal is filed U/S-41 of erstwhile Consumer Protection Act,2019(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant, in nutshell is that the complainant has got land line telephone connection bearing No.06712335223.It is alleged inter-alia that due to fire accident at BSNL telephone exchange in the month of September,2019, the telephone of landline of complainant and various other people of the locality were disconnected. The complainant thereafter made request to the OP for immediate reconnection. But the reconnection was made to some people of other places same area within 15 days but the complainant’s landline telephone was only restored in February,2020 after running from pillar to post. Since, the complainant had suffered for non-restoration of the telephone line, suffered from mental agony and harassment. Hence, the complaint.
4. OP No.1 is set-exparte.
5. OP No.2 filed written version stating that due to short circuit in the month of September,2019 there was damaged to the telephone exchange by fire and thereby several telephone line were disconnected and subsequently all the telephones were restored within 15 days. The OP No.2 also admits about the restoration of telephone of the complainant on 13.10.2020. OP No.2 submitted that due to super cyclone “Funny” several telephone connections were disconnected and also due to drainage and sewerage work undertaken by JICA, the BSNL cables were also damaged for which the telephone connection of the complainant was affected. It is averred that even if there was outstanding dues against the complainant, but he has paid only a sum of Rs.100/- . Therefore, the OP No.2 have no deficiency in service on their part.
6. After hearing both the parties, learned District Forum passed the following order:-
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“The case is decreed on contest against the OP No.2 and exparte against OP No.1. Both the OPs are found to be jointly and severally liable in this case. The OPs are thus directed to pay compensation amount of Rs.1,00,000/- to the complainant alongwith interest thereon @ 12 % per annum with effect from 1.10.19 till the total amount is quantified This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.”
7. Learned counsel for the appellant submitted that learned District Commission has committed error in law by not considering the written version filed by the OP with proper perspectives. According to him, after fire accident there was funny and other natural calamities happens from time to time for which the telephone line of the complainant was disconnected. During JICA work the telephone line could not be restored. So, he submitted that learned District Forum, without appreciation of material on record has passed the impugned order. He submitted that the compensation amount is disproportionate. So, he submitted to set-aside the impugned order by allowing the appeal.
8. Learned counsel for the respondent submitted that there was damages to the fire caused to the telephone exchange but the other customers got the telephone line in different areas and the complainant and other persons in the locality suffered. He further submitted that the delay for restoration of telephone line within 15-20 days can be adjusted in subsequent telephone bills. He submits that there is deficiency in service on the part of the OP. Therefore, he supports the impugned order.
9. Considered the submission of learned counsel for the parties, perused the DFR and impugned order.
10. It is admitted fact that the telephone line of the complainant was disconnected due to damages of the telephone exchange of BSNL by super cyclone Funny and other natural calamities. It is also admitted fact that the complainant had requested the OP to restore the telephone connection. It is also admitted fact that the telephone line was only restored on 13.07.2020. It is admitted by the OP that due to work undertaken by JICA, due to funny damages caused to the telephone exchange and damages by fire accident are the main cause to restore the telephone line but learned counsel for the respondent has opposed same. Since, there is already telephone line disconnected as admitted and the reasons for issuing arrears is not there, we are of the view that learned District Commission has rightly held that there is deficiency in service on the part of the OP. It must be observed first that the telephone line is one of the essential element of the customer particularly those by profession in doctor and lawyer or by any other person. In this case, the complainant being a lawyer has suffered for a year, the compensation awarded can not be said to be wrong order. But the compensation for Rs.1.00 lakhs appears to be disproportionate to the allegation made. Further it is found from the record that the arrear amount against said telephone bill Rs.100/- has been deducted from the complainant. Considering such aspect and the plight of the complainant, we are of the view that compensation of Rs.50,000/- is appropriate to be awarded in favour of the complainant. While confirming the order, we modified the impugned order by directing the OP to pay Rs.50,000/- to the complainant within a period of 45 days from the date of order, failing which it will carry 18 % interest from the date of impugned order till date of payment.
The appeal is disposed of accordingly.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
