Orissa

Jajapur

CC/77/2014

Narayan Chandra Das - Complainant(s)

Versus

Sub-Divisional Officer Jajpur Telephone Dist. - Opp.Party(s)

Alok Kumar Pane

25 Jan 2017

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                          

                                              Dated the 25th day of January,2017.

                                                      C.C.Case No.77 of 2014

Narayan Chandra Das  

S/OLate Kartika Chandra Das

At/P..O.  Binjharpur,Via.Sayedpur

Dist.-Jajpur.                                                                                                 …… ……....Complainant .                                                                      

                   (Versus)

1.Sub-divisional Officer,Jajpur Telephone Dist (Rural)

 At/P.O/Dist.  Jajpur.

2.General Manager, Telephone Dist. Cuttack division

At. Badambadi P.O. Cuttack ,Dist. Cuttack.

                                                                                                                          ……………..Opp.Parties.                  

For the Complainant:                           Sri A.K.Pani, Advocate.

For the OPP.Parties :                            Sri D.P. Sathpathy, Sri P. Mishra, Advocates.

                                                                                                     Date of order:  25.01.2017.

SHRI  JIBAN BALLAV DAS, PRESIDENT .

                        The petitioner has  filed the present dispute alleging deficiency in service on the part of the O.Ps.

                        The facts relevant for the present dispute as per complaint petition shortly are that  the petitioner was availing land line telephone facility bearing telephone  No.230197. Due to road construction work the petitioner’s telephone was disconnected but after construction was over  the telephone connection has not yet been restored to the petitioner for which the petitioner is  facing much trouble. In this contest the petitioner though has approached the O.Ps. verbally as well as in writing but the O.Ps without taking any steps has remained silent. Accordingly finding no other way the petitioner, filed the present dispute with the prayer to direct the O.Ps to re-installed the disconnected telephone.

                        After appearance the O.Ps. have filed their written version in support of their defence wherein  the O.Ps. have taken the stand that the telephone bearing No.06728-230197 though was provided to the petitioner from Binjharpur Telephone Exchange for a distance 3.500 K.M . But due to extension  of road the under ground cable of road the under ground cable has been damaged for which the petitioner’s telephone bearing No.230197 has been closed on  07.03.2008 and the balance amount of Rs.215/- has been refunded to the petitioner vide order No.128980 dt.24.11.2008 since under ground cable for long distance is not available  . The telephone has been closed since 7 years and at present the petitioner is not a consumer for which the dispute is liable to be dismissed.

                        After perusal of the pleadings of both the parties it is undisputed facts that though the petitioner was a consumer under the O.Ps but his telephone has been closed on 07.03.2008  and the balance amount of the disputed security money Rs.215/- has been refunded to the petitioner vide O.Ps order No.128980 dt.24.11.2008. Similarly it is also undisputed facts that after receipt of the balance security amount the petitioner has alleged his grievance to the O.Ps. on 08.08.2014 which is after seven years and grossly barred by law of limitation. As such the dispute is liable to be dismissed in view of the observation of Hon’ble Supreme Court reported in 2013(4) CPR-427-(SC) wherein it is held that:

“ As matter of law consumer forum must deal with complaint on merit only if complaint has been filed within two years from the date of accrual  of cause of action “.

Hence this order:-

                        Accordingly the dispute is dismissed on contest without cost . While dismissing the  dispute we advise the O.Ps. that if possible to provide land line telephone connection to the petitioner after completion of due official formalities as per law, in case land line telephone connection is available to the nearest persons of  the locality and such advise from our side will not give any opportunity  to the petitioner to initiate action U/S  25 and 27 of C.P.Act-1986, in case land line connection is not provided by the O.Ps in future . No cost.

This order is pronounced in the open Forum on this the 25th day of January,2017. under my hand and seal of the Forum.                                                                                             

 

(Shri Pitabas Mohanty)                                                                             (Shri Jiban ballav Das)                                                         

          Member.                                                                                                   President.                                                                      

 

                                                                                                 Typed to my dictation & corrected by me

(Miss Smita  Ray)

       Member.                                                                                               (Shri Jiban ballav Das)

                                                                                                                                President.