In pursuance of the notice dated 16.3.2022, the Accounts Officer, BSNL, Telecom District, Balasore appeared on behalf of the appellants. Respondent is absent on call.

2.      Heard.

3.      The case of the complainant is that the complainant is a land phone owner bearing No.241675. On 22.7.2005, his land phone was disconnected by the opp.parties due to non-payment of mobile telephone bill amounting to Rs.5,380/- in accordance with the letter No.QR/BSNL/DIS/Land Line/2004 dated 5.7.2005 of the CMTS, Bhubaneswar. Challenging the said action of the opp.parties, complainant filed the complaint.

4.      On receipt of notice from the forum below, opp.parties filed written version stating that the complaint petition is not maintainable before the learned District Forum in view of the decision of the Honble Apex Court reported in AIR 1996 SC 1545 and AIR 1996 SC 2476 as the same is coming within the scope of 7B of the Indian Telegraph Act. Further, in the written version the opp.parties categorically stated that the disconnection of telephone No.2451675 was due to non-payment of mobile bill against mobile No.9437004530.

5.      Considering the said fact, the learned forum below directed the opp.parties to restore the telephone connection of the complainant and to waive out the bill amount during the disconnection period. Further, directed to pay compensation of Rs.2,000/- and litigation cost of Rs.500/-.

6.      Challenging the said impugned order, the appellants have preferred the appeal.

7.      During course of hearing the Accounts Officer of BSNL submits that in pursuance of the decision of the Hon’ble Apex Court complaint petition is not maintainable and they have rightly disconnected the land line telephone due to arrear dues against mobile telephone number of the complainant. While considering the above fact learned forum below has committed error and come to a finding that the opp.parties  committed deficiency in service. The above action of the opp.parties amounts to deficiency in service and negligence in duty.

8.      We perused the records and the DFR and found that learned forum below has passed the order illegally contrary to the ratio of decision of Ho’ble Apex Court and without considering the fact that the arrear bill was outstanding against mobile telephone number of the complainant.

8.      In view of such fact, we allow the appeal and set aside the impugned order and dismiss the complaint petition.

No cost.

        DFR be sent back forthwith.

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