1.                     The brief history of the case of the complainant is that he is the subscriber to the BSNL land line Telephone No.06854-251408 since April, 2015 with broad band facility and he has been paying the bills as per demand of the Ops but the Ops without prior intimation disconnected the broad band connection from June, 2016.  It is submitted that the complainant approached for restoration of facilities to the Ops through email, Customer Care Centre and also submitted written complaint on 12.9.2016 to OP.1 but in vain and he is suffering.  Thus alleging deficiency in service on the part of the Ops, he filed this case praying the Forum to direct the Ops to restore the facilities and adjust all the payments made by the complainant for the lapse period i.e. from 6/2016 onwards and to pay Rs.85, 000/- towards compensation and costs to the complainant.

2.                     The Ops filed counter admitting that the complainant is the subscriber to land line No.06854-251408 installed on 03.7.2015 and broad band connection on 04.07.2015 and the bills have been paid up to the bill dt.06.08.2016 i.e. usage up to 31.7.2016 and for cable default, the service has been interrupted since 02.08.2016 for which the work is under progress for restoration of services.  The Ops submitted that as the cable fault is beyond their control, rebate is allowed for the said period and hence they prayed to dismiss the case of the complainant.

3.         Both the parties have filed certain documents in support of their cases.  The complainant filed affidavit.  Heard from the complainant only and perused the materials available on record.

4.                     In this case it is an admitted fact that the complainant was the subscriber to the BSNL telephone bearing No.06854-251408 belongs to the Ops with broad band facilities and the complainant had been paying the bills regularly issued by the Ops.  The case of the complainant is that without any prior notice the Ops disconnected the broad band facility from June’16 and in spite of several approaches the Ops did not restore the facility.  The complainant in support of his allegation stated that he sent messages on 02.8.16, 03.8.16, 04.8.16 & 20.8.16 to the Ops and has requested the Customer Care of BSNL vide Complaint No.13789960492 dt.17.8.16, No.13792548152 dt.18.8.16, No.13820152262 dt.06.9.16 and No.13822267002 dt.08.9.16 for restoration of facilities but the Ops did not take any step.  The complainant has also requested the OP.1 through his letter dt.12.9.16, the copy of which with acknowledgement is available on record, requesting early action in the matter. 

5.                     The Ops stated that uninterrupted service has been provided to the complainant up to 01.8.2016 and for cable fault, services have been interrupted from 02.8.16 and the restoration work is under progress.  The Ops further stated that the bill is paid till dt.06.08.16 i.e. usage up to 31.7.2016.  In support of their contentions they have filed copy of bill with usage details for the bill period o1.6.16 to 30.6.16 and 01.7.16 to 31.7.16.

6.                     The complainant states that his broad band did not work from June, 2016 but the computer bills filed by the Ops say the use of broad band for duration of 238.22.30 hours during June.  Similarly the computer data says that during July, 2016 the complainant has used broad band for 266.39.16 hours.  The said bills have not been duly challenged by the complainant with cogent evidence and in view of above facts we have no scope to disbelieve that the broad band was not working from June onwards.  It is also seen that the complainant has paid bills up to 31.7.2016 as demanded vide bill dt.06.08.16 by the Ops.  The facility was disrupted on 02.8.16.

7.                     Due to disconnection of broad band the complainant has approached a number of times to the Ops as stated supra but the facility has not been restored till filing of this case.  The Ops stated that the cable fault is beyond the control of BSNL for which they have allowed rebate.  In our opinion, allow of rebate without restoring the facility for indefinite period will not serve the purpose of availing the facility by a customer.  A customer depends on the agency to get the facility up to his satisfaction but not to get rebate without getting facility.  As such non restoration of broad band facility to the telephone of the complainant within a reasonable period certainly amounts to deficiency in service on the part of the Ops for which the complainant is suffering till date.  During hearing of this case, the complainant submitted that he does not want to avail the BB services of the Ops as he avails the services of other agency.

8.                     We have already held that the Ops committed deficiency in service by not restoring the facilities to the telephone till filing of this case.  Due to such inaction of the Ops, the complainant must have suffered some mental agony and has come up with this case incurring some expenditure.  As such the complainant is entitled for some compensation and costs and considering the sufferings of the complainant we feel, a sum of Rs.5000/- towards compensation besides Rs.1000/- towards costs in his favour will meet the ends of justice.

9.         Hence ordered that the complaint petition is allowed in part and the Ops 1 & 2 being jointly and severally liable are directed to pay Rs.5000/- towards compensation and Rs.1000/- towards costs to the complainant within 30 days from the date of communication of this order failing which the awarded sum shall carry interest @ 12% p.a. from the date of this order.

(to dict.)