Heard learned counsel for the appellants. None appears for the respondent.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in brief is that the complainant is the Director of a NGO namely, ‘Agragamee’. It is alleged inter alia that the complainant has got land line connection from the OPs. It is stated that the land line was connected with broad band facility. The OPs did not maintain the land line properly since 1.1.2013. The land line along with broad band facility was disconnected. In spite of repeated request, OPs did not repair or restore the landline for which the NGO has suffered a lot. Also they have not taken steps to their request. Therefore, alleging about deficiency of service on the part of the OPs, complaint was filed.

4.      OPs filed written version stating that they have got  technical flaw and roads were disconnected by construction for which the land line was disconnected. They also submitted that WIMAX equipments were faulty for which they were not extended to the land line of the complainant. There is no any deficiency of service on their part.

5.      After hearing both parties, the learned District Forum passed the following impugned order:-

                             “xxx  xxx  xxx

            In Resultant the complaint petition is allowed in part on contest against the OPs.

4) The OPs ordered to restore the telephone of the complainant bearing land line Nos. 06865-285009, 285049, 285174  in working condition with broad band facility immediately within 15 days. Parties are left to bear their own costs.

The OPs are ordered to comply the above directions within 30 days from the date of receipt of this order. Service the copies of the above order to the parties concerned immediately free of charges.”

6.      Learned counsel for the appellants submitted that the learned District Forum has committed error in law by not considering the fact and law involved in this case. According to him, there is destruction of road by the State authority for which the OPs were not able to function properly for restoring the land line. The learned District Forum ought to have considered the technical flaw and the activities of State Government for obstructing the OPs in giving connection to the complainant. So, he  submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for the appellants and perused the DFR including the impugned order.

8.      The complainant is required to prove the deficiency of service on the part of the OPs.  

9.      It is admitted fact that the complainant has been allotted the land line telephone with broad band facility by the OPs on payment of charges. It is also admitted that on 1.1.2013 the land line was disconnected. It is not in dispute that the complainant has made several approaches to the OPs. The OPs have taken only plea that due to WIMAX equipment defective and the road being damaged by the construction, the cable of the OPs has been disconnected. Whatever may be the situation, it is for the service provider to provide the service to the common man/consumer. When there is real obstruction or any sort of disturbances by any authority, it is for the OPs to resolve the dispute with them and restore the land line. But from 1.1.2013 till 1.1.2015 sitting over the matter by the OPs only on the plea that the restoration is not possible due to some causes which are not beyond the human control can be considered as deficiency of service on the part of OPs. Right to communication through wire is part of right to life with dignity, as such it is fundamental right as available under Article 21 of Constitution. Therefore, this Commission is of the view that the learned District Forum has amply discussed the matter and there is nothing to interfere with it and it is affirmed.

10.    The appeal stands dismissed. No cost.

         DFR be sent back forthwith.

       Supply free copy of this order to the respective parties. The copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.