BEFORE DISTRICT CONSUMER FORUM, KAMALPUR
CASE NO. 05/CC/KMP/2017
PRESENT: SRI. H. CHAKRABARTI
PRESIDENT DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, DHALAI DISTRICT, KAMALPUR
Dr. Jiteswar Ahir (Member)
&
Smt. Subhadra Sen (Member)
In the matter between::
Shibendra Dasgupta ................ Complainant
V E R S U S
1. Officer In charge, BSNL Office, P.O. Kamalpur
........OP No.1
2. SDO (Telephone), BSNL Office, P.O. Ambassa
.........OP No.2
3. Managing Director, BSNL Sanchar Bhawan, 20,
Ashoka Rd. New Delhi 110001 ..........OP no.3
C O U N S E L S
Counsel for Complainant : Sri Shibendra Dasgupta
(Complainant in person)
Counsel for Respondent : Sri Paramartha Datta &
Smt.Tapati Deb
(Advocates)
Date of institution of this case : 18-07-2017
Date of delivery of judgment : 08-02-2019
J U D G E M E N T
1. This case originated on the basis of a complaint filed by the complainant Shibendra Dasgupta before the District Consumer Disputes Redressal Forum, Kamalpur wherein he alleged that he suffered losses due to disconnection of his BSNL land line service between the period from 05-06-2017 to 05-07-2017. The complainant also alleged that he is a consumer of BSNL land line service having land line connection No. 03826262-420 with STD facility since 1996 and broad band connection since 2012. He further pointed out that the BSNL land line service was his only way to contact with his children who were prosecuting studies at Agartala and he generally transfers money to his children through net banking. He also stated that he used to contact with his relatives, friends and other persons through his telephone connection and he suffered mental agony and physical strain due to collapse of the BSNL connection between 05-06-2017 to 05-07-2017.
2. The complainant further submitted that the cause of action for the petition arose on 05-06-2017 when his land line phone and broad band service collapsed.
3. The complainant has prayed for damages to the extent of Rs.50,000/- for his mental agony and physical strain and he is also claim Rs.2,000/- as litigation expenses. The BSNL authorities entered into appearance and contested the claim made by complainant. The BSNL authorities clearly stated that there were interruption with effect from 05-06-2017 due to E.T.S Card fault with effect from 05-06-2017 and further interruption from 13-06-2017 due to break down of optical fiber cable between Ambassa and Kamalpur section, due to road work. The BSNL authorities claimed that they had restored the connection by 14-06-2017.
4. The BSNL authority also referred to the terms reflected in customer application form and in their written objection the OP clearly stated that the customer application form clearly states that BSNL is not responsible for interruption due to power failure, equipment mal functions or act of natural calamity.
5. The Opposite party side further claimed that the BSNL is not responsible for actions taken by customers or others as a result of its service.
6. The complainant adduced evidence in support of his claim and the respondent opposite party also adduced evidence on their behalf. The mater has come up for judgment after argument at length was placed before the forum. The following points for determination are to be decided in order to settle this case.
7. POINTS FOR DETERMINATION
(I) Whether the complainant Shibendra Dasgupta is a consumer of BSNL and had a land phone connection no. 03826262-420?
(II) Whether the land line connection of the complainant remained out of order during the period from 05-06-2017 to 05-07-2017?
(III) Whether there was deficiency in service on the part of the BSNL authorities?
(IV) Whether the complainant Shibendra Dasgupta is entitled to damages for loss sustained by him?
(V) What should be the quantum of compensation/ damages, if any payable to the complainant in this case?
DECISION WITH REASONS FOR DECISION
8. Before appreciating the evidence on record it is necessary to point out that in their written objection filed before the forum on 22-08-2017, the OP BSNL authority clearly admitted that the complainant Sri Shibendra Dasgupta is a consumer of BSNL having land phone connection vide no. 03826262-420. It has been also submitted by the BSNL authority that the BSNL authority allows rebates for non function of services if the subscriber requests for rental rebate.
9. In his examination-in-chief by way of affidavit the complainant specifically pointed out that the cause of action for the case arose on 05-06-2017, on the date on which the land line phone and broad brand services totally collapsed. In their written objection the respondent BSNL authority did not specifically acknowledge that the complainantś land phones remained out of the order for a period of around one month from 05-06-2017to 05-07-2017. During their cross-examination the BSNL authorities made suggestion that the telecommunication net work of BSNL was not totally collapsed from 05-06-2017 to 05-07-2017. It is also relevant to mention here that in his deposition OPW Samir Das did not specifically deny that the telephone connection of Sri Shibendra Dasgupta was out of order during the period from 05-06-2017 to 05-07-2017. In fact in his examination in chief, OPW Samir Das has admitted in paragraph 3(b) as follows:
“The BSNL provided its best services to the complainant except in the period in which there were interruption w.e.f. 05-06-2017 due to ETS Card faulty for thundering/ lightening and from 13-06-2017 due to Optical Fiber Cable (OFC) break down between Ambassa-Kamalpur Section due to road work. The break down was restored by the next date i.e. on 14-06-2017 and other then land line services were restored.”
The BSNL did not prove that line was restored on 14-06-2017.
10. It is clear from the evidence on record that the BSNL authority were responsible for deficiency in service and did not provide proper service to the complainant for a period of almost one month. The BSNL authorities relied upon some conditions reflected in their customer application form. In fact the BSNL authorities (respondent) did not submit the original customer application form of the complainant to establish their claim before the forum. It is relevant to mention here that the BSNL authorities is relying upon the customer application form in order to substantiate their submission that the BSNL authority is not responsible for any sudden fault which takes place in the telephone or in the telecommunication net work due to reason beyond their control. It is also clear that the BSNL authorities have claimed that the primary reason for disconnection or disruption in the telephone service provided to the complainant arose due to variety of reasons including cable fault on Ambassa Kamalpur high way. However the BSNL authority could not submit any proof regarding this claim and they also failed to prove that the incident was caused due to reason beyond their control.
11. The BSNL, at one point of time constituted the backbone of telecommunication in India and even now the bulk of land line telephone connections belong to BSNL. Consequently the BSNL authorities have responsibility to ensure that the land line telephone connections function in a proper manner so that the customers who have reposed their faith on BSNL do not suffer from inefficiency or incompetency of technician or officer in BSNL. In the present case, It is crystal clear that a legitimate customer of BSNL has suffered for almost a period of one month simply because the BSNL authority remained indifferent to his plight and also because they ignored repeated request to redress the grievance of the customer. Such in difference and refusal to redress their grievance of the customer clearly amounts to serious deficiency in service and it is clear that the BSNL are responsible for deficient service to the complainant Shibendra Dasgupta.
O R D E R
12. The complainant Shibendra Dasgupta is found entitled to compensation form BSNL authority and in order to compute the actual amount of compensation to be paid to the complainant, we have to take into account his social status as well as the mental agony and harassment suffered by him due to deficient service on the part of respondent.
13. The complainant was a senior citizen who was clearly dependent upon the BSNL land line connection along (with broad brand) to communicate with his children and also to sent money occasionally to his children who were living at a distance from his. It is natural that a person of the age and stature of the complainant deserves a befitting compensation.
14. This forum finds that considering facts of the case in its entirety and also taking into account all the circumstances that should be considered while computing the amount of compensation, the complainant Shibendra Dasgupta is entitled to a compensation of Rs.10,000/- for his mental agony and harassment resulting from the deficient service on the part of the BSNL authorities. The complainant is also entitled to an additional amount of Rs. 2,000/-, as claimed by him for legal expenses.
15. Consequently this forum hereby orders that the BSNL authority must make payment of Rs.12,000/- in total to the complainant Sri Shibendra Dasgupta with a period of one month from today. Failure on the part of the respondent side to make conclusive payment within one month from today will attract interest @ 8% per annum.
16. Before concluding the judgment this forum finds it necessary to appreciate the effort put in by the complainant Shibendra Dasgupta as well as Ld. Advocate Paramartha Datta both of whom have placed important legal and factual aspect of this case before forum, in all their wisdom.
17. Copies should be made available to both the sides as per legal procedure.
18. The instant case accordingly stands disposed of on contest.
19. Make necessary entry accordingly.
_A_N_N_O_U_N_C_E_D_
(H.Chakrabarti) President
District Consumer Disputes
Redressal Forum, Kamalpur
Dr. Jiteswar Ahir (Member)
Smt. Subhadra Sen (Member)
