Tamil Nadu

North Chennai

89/2014

A.G.RushiKesha - Complainant(s)

Versus

Rep by its General Manager(North) - Opp.Party(s)

Party in person

16 Oct 2017

ORDER

 

                                                            Complaint presented on:  29.04.2014

                                                                Order pronounced on:  16.10.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

MONDAY  THE 16^th   DAY OF OCTOBER 2017

 

C.C.NO.89/2014

 

 

A.G.Rushikesha,

S/o.Mr.A.K.Arumugam & Mrs.A.Gomathy,

126/16, Manali New Town,

Chennai – 600 103.

                                                                                    ….. Complainant

 

..Vs..

M/s.BSNL,

Chennai Telephones,

6^th Floor, Flower Bazaar Exchange,

NSC Bose Road,

Chennai – 600 001.

Represented by its General Manager (North)

.....Opposite Party

Date of complaint                                 : 02.05.2014

Counsel for Complainant                      : Party in Person

Counsel for Opposite Party                      : M.N.Nithyanand

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant claiming compensation of Rs.1,00,000/- on various heads u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant obtained a Broad Band Internet Connection from the opposite party for his residence. He was provided with telephone and modem for the said purpose. On a later stage the internet connection got slowed down or disconnected frequently. Due to this his studies were adversely affected. Hence the complainant decided to disconnect his broad band connection. He approached the opposite party who gave the connection to him for surrender. The opposite party advised the complainant to contact the BSNL office at Kalmandapam. He approached the Kalmandapam office on 06.11.2013 for closure of his account. For surrender of instruments he was directed to go to the Sub-divisional engineer at Manali. They refused to accept the instruments and directed him to approach BSNL Office at Manali on 07.11.2013 and  he was made to wait till 2.00 p.m. Hence the complainant decided to surrender on the next day on 08.11.2013 at 2.00 p.m and surrender the instruments and got acknowledgement.

          2. The opposite party wantonly dragged the complainant here and there and caused inconvenience to him to surrender his internet connection and instruments and thereby committed deficiency in service. The complainant paid the pending bill of Rs.167/- on 09.12.2013.  Then the complainant wrote to the opposite party’s higher officials about his grievances in the month of January 2014. He received a cheque for Rs.500/- dated 10.02.2014, on 15.02.2014 towards his deposit amount. The complainant suffered with mental agony, frustration and waste of time due to the defective service of the opposite party. Hence the complainant filed this complaint claiming compensation of Rs.1,00,000/- on various heads.

3. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

The orders for the provision of telephone and broad band facility were issued to the complainant from the flower bazaar Customer Service Center and the work was completed by O/o Sub Divisional Engineer, Manali New Town. The telephone line of the complainant was frequently got disconnected was not due to BSNL, but due to highway road expansion work for the last one year from Manali New Town to Ennore National High way area. Due to this the underground cable of BSNL Chennai Telephones was affected quite often. Action was taken to rectify the faults immediately. The Chennai Corporation carried out road widening work at Manali new Town, for the last one year and hence faults were occurred to this number. Whenever, the fault was intimated, immediate action was taken and rectified the fault.  

          4. As soon as the order for provision of telephone was released, the order along with the new line application were sent to commercial unit for records section because the Manali Exchange where the customer approached for connection comes under Deputy General Manager (Kalmandapam) O & M. Since all the records pertains to the customer were available with commercial unit, the Flower Bazaar Customer Service Centre has directed the customer to give the surrender form in Kalmandapam Customer Service Centre, in order to verify the signature and authenticity of the customer. Moreover, if there is any deficiency in service or grievance, as alleged by the complainant, no one prevented him to get it redressed by meeting the Senior Officer available in the Kalmandapam Telephone Exchange itself. The BSNL Chennai Telephone never taxed him wantonly as alleged.

          5. The complainant had visited the customer service centre, Kalmandapam on 06.11.2013 for the closure of the telephone No.25930201. The Kalmandapam Customer service centre received the closure application of the complainant and gave acknowledgement. The disconnection order was issued by the Kalmandapam Commercial section on 07.11.2014. The complaint regarding the surrender of instruments, the Customer Service Centre has given instructions to surrender the instrument and modem at the O/o Sub Divisional Engineer Manali, from where the connection was given. This is due to the fact that surrendered instruments and the modem are accounted as they were counted as property of BSNL. In this case the Kalmandapam Customer Care official has given the correct direction to the complainant to surrender the telephone at the O/O Sub Divisional Engineer, Manali to avoid any inconvenience to the complainant.

          6. The opposite party submits that the complainant had surrendered the telephone on 08.11.2013 and the modem on 11.11.2013 and for that acknowledgement slip was also given to him. The telephone 25930201 was disconnected on 07.11.2013. The SMS message, the complainant received in his mobile is routine one and, it will be relayed till his account was closed. This opposite party vehemently denies the allegation that there is a deficiency in service on the part of the BSNL. The disruption in the telecom service was not due to BSNL, but due to the action on the part of external agencies as stated in the previous paragraph. This is beyond the control of BSNL. Hence this opposite party prays to dismiss the complaint with costs.

7. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

8. POINT NO :1

          The complainant availed services of the opposite party for installing broad band connection at his residence and the same was installed. The opposite party provided a telephone and a modem for the use of internet connection to the complainant. There was frequent slow down of connection or disconnection  and hence the complainant decided to close the internet connection. He went to the opposite party with request to close the account number 9032639756 of his internet connection. The opposite party directed the complainant to approach the BSNL office at Kalmandapam. He gave on application for closure at the Kalmandapam office issued Ex.A1 acknowledgement. The Kalmandapam office also issued Ex.A2 acknowledgement for accepting instrument and directory. The complainant also surrendered modem and its accessories through his Ex.A3 letter dated 11.11.2013 at BSNL Office, Manali New Town and they also acknowledged the same in his letter. The complainant also paid the final payment of Rs.167/- and Ex.A5 is the receipt for the same.

          9. According to the complainant the complainant was dragged here and there to surrender internet connection and instruments  and thereby caused inconvenience to him and due to frequent disconnection in the internet service his studies was affected and thereby the opposite committed deficiency in service.

          10. As per documents filed by the complainant he surrendered the internet connection on 06.11.2013 and the commercial division at Kalmandapam disconnected the connection on 07.11.2014.  Further the connection was given only by the sub-divisional engineer at Manali. Therefore the complainant was directed to surrender the instrument like modem and its accessories at Manali BSNL office and accordingly he had also surrendered and received acknowledgement. Therefore, the complainant was directed by the opposite party to go to Kalmandapam Office and they in turn directed him to go to BSNL Manali Office and thereby caused inconvenience to him and committed deficiency in service has not been proved by the complainant.

          11. The next contention of the complainant is that there were frequent slow down of connection or disconnection affected his studies. The complainant filed documents Ex.A11, student Identity Card, Ex.A12 Hall Ticket and Ex.A13 is Mark Sheet for his MBA Course. The complainant studied that course in a distance mode. However, there were no pleadings in the complaint or evidence of his proof affidavit that how he used the internet connection for his studies in respect of MBA Course.  The opposite party admitted in his written version that due to expansion work for the last one year from Manali New Town to Ennore National High Way Area the underground cable of BSNL, Chennai Telephones was affected quite offen. The Chennai Corporation only carried out the road widening at Manali New Town. However, action was taken and the faults were rectified immediately. During road widening the underground cable was affected quite often is beyond the control of the opposite party. Hence for such faults are not the intentional fault of the opposite party and they are beyond their limits.  Therefore, due to the frequent disconnected internet connection affected the studies of the complainant cannot be accepted and hence it is held that the opposite party has not committed any deficiency in service.

 

12. POINT NO:2

Since the Opposite Party has not committed any Deficiency in Service, the Complainant is not entitled for any relief and the Complaint is liable to be dismissed.

          In the result the Complaint is dismissed. No costs.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 16^th  day of October 2017.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 06.11.2013		BSNL Kalmandapam Acknowledgement Slip for closure of Telephone and Broadband Signed by Engineer – Manali.
Ex.A2 dated 08.11.2013		BSNL Kalmandapam Acknowledgement Slip for surrender of instrument
Ex.A3 dated 11.11.2013		Acknowledgement from BSNL Staff – Manali New Town
Ex.A4 dated 13.11.2013		MEMO the complainant received from his work place
Ex.A5 dated 09.12.2013		Final Bill payment receipt
Ex.A6 dated 15.12.2013		Final Bill Statement received by post on 15.12.2013
Ex.A7 dated 09.01.2014		SMS Received from BSNL
Ex.A8 dated 22.01.2014		Grievance letter sent to BSNL with postal receipts
Ex.A9 dated 27.01.2014		Speed Post Track Report of Grievance Letter sent to BSNL
Ex.A10 dated 15.02.2014		Speed Post from BSNL Senior Accounts Office
Ex.A11 dated NIL		Student Identity Card from Anna University (MBA)
Ex.A12 dated Feb 2014		Exam Hall Ticket (MBA)
Ex.A13 dated NIL		Exam Results (MBA)

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

                                      ……. NIL …….

 

 

 

MEMBER – I                                                               PRESIDENT