DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 30th day of March 2016
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member
: Shri.V.P.Ananatha Narayanan, Member Date of filing: 01/07/2015
(C.C.No.95/2015)
Bhaskaran.C
S/o.Krishnan Nair,
Bank Employee, Kavillathodi House,
College Street,
Mele Pattambi – 679 306 - Complainant
(By Party in Person)
Vs
1.Sub Divisional Officer,
Telephone Office,
Mele Pattambi,
Palakkad – 679 306
2.Deputy General Manager
Telecom BSNL, TB Road,
Palakkad – 678 014
3.General Manager,
Telecom BSNL,
Thiruvananthapuram - Opposite parties
(By Adv.P.K.Devadas)
O R D E R
By Shri.V.P.Ananantha Narayanan, Member
Brief facts of complaint.
In the name of the complainant there was BSNL telephone connection with No.0466-2211527 and BSNL broadband net connection. From 13/03/2015 to 24/04/2015 the land phone and net was faulty. On 13/3/15 on telephone No.198 a complaint was registered and on 9/4/2015 contacted BSNL Palakkad Dy.General Manager and General Manager, BSNL Trivandrum. The telephone and net was set right by 24/4/15. During this time the complainant’s elder daughter’s marriage on 4/4/15 happened. His second daughter was waiting for SSLC examination result and his first daughter after completing BTech course was studying for MBA. According to him his telephone and net connection were disconnected from 21/6/15 because he had complained to higher authorities. Again complaint was registered by him on 21/6/15 and it was set right only by 11/7/15. He pleaded that because of absence of telephone and internet connection during the time of studies by his younger daughter awaiting SSLC examination results, and his elder daughter’s marriage, he was upset financially and mentally. Hence there is deficiency of service on the part of opposite parties.
Further the complainant pointed out that because of compound wall construction of Govt.College Pattambi, telephone cable was cut because of digging using JCB. As a result inordinate delay was experienced to rectify the cable fault. Although a rebate of Rs.124/ was allowed by BSNL for the two periods of line faults. Complainant averred that it was insufficient.
Hence the complainant claimed compensation of Rs.1 lakh for mental and financial loss suffered by him and his family along with charges for attending the hearing and litigation charges and prayed for admission of the complaint by the Forum.
Complaint was admitted and notices were issued to opposite parties. Opposite parties represented before the Forum by their counsel and filed their versions contending the following:
Opposite parties admitted that the complainant was subscriber of telephone No. 0466-2211527 and the complaint was lodged by him on 13/3/15.
Immediately the next day section telecom mechanic attended the fault, found that the fault was due to the cable cut. The house of the complainant is situated near Govt.College Pattambi. The compound wall construction work of the college was in progress and the underground cable lying adjacent to the wall along the road next to it was heavily damaged. Since the compound wall construction work went on for many days it was not –possible for BSNL workers to attend to the fault. After changing 60 meters of underground cable the fault was rectified on 24/4/2015. For this telephone fault eligible rent rebate was allowed to the complainant. Hence there was no deficiency of service on the part of this opposite parties.
The opposite parties admitted that there was considerable delay to rectify the fault. The delay was caused by compound wall construction of Govt.College Pattambi by dumping the construction materials on the ground exactly above the lie of the cable. Repair works were obstructed. Hence they contended that Govt.College Pattambi should be made a necessary party to the complaint.
The opposite parties also admitted that the complainant lodged a second complaint on 21/6/2015. The line became faulty due to joint failure. This fault occurred due to heavy rains during the rainy season, a considerable delay occurred due to a large number of line faults in Pattambi area and shortage of cable workers. This fault was rectified on 11/7/2015. For this faulty period also rent rebate was allowed by BSNL. Hence they contended that there was no deficiency of service on their part.
Complainant and opposite parties filed their respective chief affidavits. Ext.A2 to A6 were marked from the side of the complainant. Ext.A1 was not marked for absence of sufficient details. No documents were filed from the side of opposite parties.
The following issues are considered.
1.Whether there is deficiency in service on the part of opposite parties?
2.If so, what is the relief?
Issue 1& 2
Opposite parties admitted that there was inordinate delay in setting right the fault of telephone and net connection. The first complaint was registered on 13/3/15 and the fault was rectified on 24/4/2015. Hence there was a delay for 42 days. The second complaint was registered on 21/6/2015 and the fault was rectified only on 11/07/2015. Hence there was a delay of 20 days. For both delays opposite parties allowed rent rebates to the complainant. But he did not accept that because it was not adequate.
Ext.A1 could not be allowed as a solid proof as genuine news paper report due to lack of sufficient details. Ext.A2 was marked subject to objection by opposite parties. Ext.A3 showed the place where cable was damaged. It was marked with objection. Ext.A4 showed the cable which was put carelessly on the roadside. It was also marked with objection. Ext.A5 was marked by cross examination. Ext.A6 was a marriage invitation of complainant’s eldest daughter. It was also marked.
Complainant has not produced evidence of studies of his elder daughter for MBA and the younger daughter after passing SSLC examination. The opposite parties did not explain with solid proof for the inordinate delay caused to the complainant in setting right his telephone and internet connections.
Under these circumstances we are of the opinion that there is deficiency of service on the part of opposite parties. The delay has caused mental agony and financial loss to the complainant during the time the telephone and internet were at fault. Hence, the opposite parties are directed to pay Rs.4,000/- (Rupees Four thousand only) as compensation for mental agony suffered by the complainant alongwith cost of Rs.1,000/- (Rupees One thousand only) to the complainant.
Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization.
Pronounced in the open court on this the 30th day of March 2016.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A2 – Copy of letter dtd.31/3/15 sent by complainant to Dy.Engineer,
BSNLPattambi (marked with objection)
Ext.A3 – CD
Ext.A4 series – Photographs
Ext.A5 – Photocopy of letter sent by complainant to AE, BSNLPattambi
Ext.A6 – Marriage Invitation
Exhibits marked on the side of complainant
Nil
Cost
Rs.1,000/- allowed as cost of the proceedings.
Forwarded/By Order,
Senior Superintendent
