IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/109/2016.
Date of Filing: Date of Admission: Date of Disposal:
19.07.16 16.08.16 20.03.19
Complainant: Shyamalima Sarkar,
31A, Dinabandhy Sanyal Lane
Po-Khagra, Dist-Murshidabad,
Pin-742103
-Vs-
Opposite Party: S.D.O. Berhampur, (Sancharika)
B.S.N.L at Berhampore,
PO-Berhampore, Dist-Murshidabad,
Pin-742101
Agent/Advocate for the Complainant : Sri. Utpal Kumar Pal.
Agent/Advocate for the Opposite Party : Sri. Sriddhartha Sankar Dhar.
Present: Sri Asish Kumar Senapati………………….......President.
Smt. Aloka Bandyopadhyay……………………..Member.
FINAL ORDER
Asish Kumar Senapati, Presiding Member.
This is a complaint under section 12 of the CP Act, 1986.
One Shyamalima Sarkar (here in after referred to as the Complainant) filed the case against the S.D.O. Berhampur Sancharika, B.S.N.L., Berhampore (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The sum and substance of the complaint case is as follows:-
The Complainant being a senior citizen filed the case against the OP alleging deficiency in service. The Complainant had a post paid mobile connection being No. 9434042688 under the OP and she used to pay the bills according to the bills received from time to time. All of a sudden, the Complainant received a fictitious bill amounting Rs.2,392/- containing nineteen pages but the said bill had no basis. In spite of that the Complainant paid the disputed bill within due period to avoid disconnection. The address of the Complainant had also been wrongly mentioned in the bill. Usually, the OP sent bills to the Complainant amounting Rs.500/-. Hence, the Complainant prayed for refund of Rs.18,00/- which had been paid in excess of her average consumption. The Complainant also prayed for compensation of Rs.50,000/- against the OP for harassment and mental agony.
The OP contested the case by filing written version on 04.11.16, contending that the Complainant is not a consumer and the case is barred by low of limitation. It is the specific case of the Complainant that the Complainant had B.S.N.L post paid connection under plan 325 having telephone No. 9434042688 and entitled to get a discount of Rs.256/- as a data usage plan. The bill was CDR generated bill and the bill period from 01.05.16-31.05.16 is correct and there is no latches on the part of the OP. The OP has prayed for dismissal of the complaint.
On the basis of the above versions following points are framed for proper adjudication of the case :
Points for decision
- Is the Complainant a consumer under the provision of the CP Act, 1986?
- Has this Forum jurisdiction to entertain the complaint?
- Is there any deficiency in service on the part of the OP, as alleged?
- Is the Complainant entitled to get any relief, as prayed for?
Point no.1
The Complainant submits that she is a consumer as she hired services of the OP for consideration.
On going through the complaint, written version and other materials on record and on a careful consideration over the submission of both sides, we find that the Complainant is a consumer in terms of section 2 (I )(d) (ii) of the C.P.Act, 1986 as she hired services of the OP for consideration.
Point No.2
The Complainant submits that the cause of action arose within the territorial jurisdiction of this Forum and the claimed amount is also within pecuniary limit of the District Forum.
On a careful consideration over the materials on record, we find that the cause of action arose within the territorial jurisdiction of this Forum and this Forum has pecuniary jurisdiction to entertain the complaint. Both the points are thus disposed of.
Point Nos.3&4
The Complainant submits that she used to enjoy the post paid mobile connection being No. 9434042688 and she used to pay Rs.500/- per month. He argues that the disputed bill for the period from 01.05.16-31.05.16 amounting Rs. 2,392/- is absurd and baseless and it will be evident from the invoice dated 01.03.16 and 01.02.16 that the Complainant paid Rs.400/- and 510/- respectively for using her mobile number. It is contended that the OP has deficiency in service. She prays for a direction upon the OP to refund Rs.1800/- and to pay compensation Rs.50,000/- for mental pain and harassment.
In reply, the Ld. Advocate for the OP submits that the bill for the period from 01.05.16 to 31.05.16 is prepared through CDR system and it is CDR generated and there is no scope for generating the bill in excess.
It is further argued that the Complainant has already paid the bill and the OP has no deficiency in service.
Perused the written complaint, written version, evidence of the Complainant and the xerox copies of documents.
Admittedly, the Complainant had a post paid mobile No. being 9434042688 under plan 325. The Complainant received the bill for the period from 01.05.16 to 31.05.16 along with bill details showing use of data by the Complainant. The Complainant has already paid the bill as claimed by the OP. It is not denied by the Complainant that the bill is not CDR generated. There is no machinery with us to ascertain as to whether there was any manipulation in the bill raised by the OP through CDR. Considering the facts and circumstances we find that the Complainant has failed to establish that there is any deficiency in service on the part of the OP. Hence we hold that the Complainant is not entitled to get any relief.
Reasons for delay
The Case was filed on 19.07.16 and admitted on 16.08.16. This Forum tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act,1986. Delay in disposal of the case has also been explained in the day to day orders.
In the result, the Consumer case fails.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No.CC/109/2016 be and the same is hereby dismissed on contest against the OP without cost.
Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action.
The Final Order will also be available in the following Website:
confonet.nic.in
Dictated & corrected by me.
Member
Member President.
