CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 30th day of April, 2016
PRESENT : SMT. SHINY.P.R, PRESIDENT
: SMT. SUMA. K.P, MEMBER Date of filing: 31/03/2015
: SRI.V.P.ANANTHA NARAYANAN
CC /43/2015
Mohammedkutty : Complainant
S/o.Late Moosakutty Rawther,
Pathiyarakalam, Kinavallur (PO),
Parli, Palakkad
(By Adv.A.Nijamudin)
Vs
1. The Accounts Officer,
Telephone Revenue,
BSNL, O/O/GMT
Palakkad – 678 014 : Opposite parties
2. The BSNL telecom centre,
Palakkad telecom District.
(By Adv.P.K.Devadas)
O R D E R
By Sri. V.P.Anantha Narayanan, Member,
Brief facts of the case:- On 28/10/1997 under OYT General Category Scheme the complainant deposited Rs.8,000/- at State Bank of Travancore, Parali branch by Demand Draft No:131852 dated 28/10/1997 and obtained landline connection with number 0491-2856188. After getting the landline telephone connection the complainant was regularly by paying the bills. On 21/09/2013 the complainant applied to the opposite parties to close and surrender the telephone connection and the instrument was surrendered on 26/09/2013. After surrendering the instrument, the complainant waited for refund of amount. Surprisingly he received a notice asking him to pay the subsequent bills after surrendering the instrument. The complainant sent an application again to the opposite parties on 24/1/2014 seeking refund of the amount paid under OYT Scheme and the subsequent bills issued after the surrender of the instrument. The opposite parties allowed his application not to pay the subsequent bills. According to him, the opposite parties did not take steps to refund the amount paid under OYT scheme.
Hence according to the complainant there is deficiency of service from the side of opposite parties. The complainant pleads to the Forum that his complaint be allowed and seeks refund of initial deposit of Rs.8,000/- which he had made on 28/10/1997 under OYT General category with 12% interest from the date of deposit i.e. 28/10/1997 till date i.e. date of submission of complaint to the Forum. He also prays for payment of compensation by opposite parties of Rs.10,000/- for the deficiency in service, unfair trade practice which resulted in mental agony and stress for the complainant . Further he may by allowed to get the cost of litigation from the opposite parties.
Complaint was admitted and issued notice to opposite parties. Opposite parties filed their versions contending the following:
According to opposite parties the complaint is unsustainable on the basis of law or facts. They admitted that the complainant was a subscriber of BSNL Landline telephone connection with No.0491-2856188, and the connection was allotted to him on 12/03/1998 under OYT General category by depositing Rs.8,000/- on 28/10/1997. It is also admitted that the complainant applied for closure of the telephone connection and surrendered the instrument. According to the Customer Relationship Manager the connection was closed on 11/10/2013. Further the opposite parties admitted that there was some technical problem in the system and amount to be refunded to the complainant was not available then. According to opposite parties the amount of refund to the complainant is Rs.1,696/- which is calculated as per the rules and regulation contained in the Ext.B7. Further opposite parties contended that interest for initial deposit for OYT connection is payable to the complainant only up to the date of providing connection and the same has been given to the subscriber by adjusting it in the first bill issued by opposite parties and produced by the complainant on a petition filed by opposite parties. The opposite parties in their version had mentioned in detail how refundable amount of Rs.1,696/- was arrived at.
The opposite parties contended that there is no deficiency of service or unfair trade practice on their part. Complainant did not suffer any mental agony or stress. Hence he is not eligible for any compensation or Rs.8,000/- and any interest.
Hence the opposite parties pray to the Forum to dismiss the complaint with costs. Complainant and opposite parties filed their respective chief affidavits. Notes of argument were filed on behalf of the opposite parties. As per IA 5/16 complainant was cross examined and reexamined as PW1. Ext.A1-A5 were marked from the side of complainant and Ext.B1-B7 were marked from the part of opposite parties. Both parties heard.
The following issues are to be considered.
- Whether there is any deficiency of service from the part of opposite
Parties?
- If so, what is the relief?
ISSUES 1 & 2
We have examined the documents filed by both parties. According to the complainant he should get refund of Rs.17,465/- as per Ext.A6 while the opposite parties contend that Rs.1696/- only is refundable to the complainant as per their version.
From the affidavit filed by the complainant and versions filed by opposite parties and based on the documentary evidences submitted by both parties it is clear that the complainant had deposited on 28/10/1997 Rs.8,000/- to get land line telephone connection under OYT General category scheme. The telephone connection was allotted to the complainant on 12/03/1998. It is also admitted that the telephone connection was closed on 11/10/2013. On an application for closure made by the complainant. In Ext.A5 which is the first telephone bill issued to the complainant by the Department of Telecommunications, Palakkad is shown interest adjusted on OYT deposit for the period from the date of making OYT deposit to date of allotment of telephone connection. But amount of interest adjusted as shown in Ext.A5 is not correct. It actually comes to Rs.237/- instead of Rs.213/- shown in Ext.A5. Rent rebate was allowed as per the rules of BSNL and mentioned in Ext.B1-B6 being bimonthly telephone bills from 01/09/2012 to 31/10/2012, 01/11/2012 to 31/12/2012, 1/1/2013 to 28/2/2013, 01/05/2013 to 30/06/2013, 01/7/2013 to 31/08/2013, 01/9/2013 to 31/10/2013. There is deficiency of service on the part of opposite parties because the initial OYT deposit was collected from the complainant on 28/10/1997 but connection was given only on 12/03/1998. The Forum observes that there was a delay of 135 days in giving telephone connection. Further, although the connection was closed on 11/10/2013, there was delay in refunding the balance amount due to the complainant. Hence, we view that there is deficiency of service on the part of opposite parties. The complainant is eligible for Rs.1,720/- (Rupees One thousand seven hundred and twenty only) Rs.1,696/- (Rupees One thousand six hundred and ninety six only) refundable amount calculated by BSNL authorities + Rs.24/- being short fall in interest calculated by BSNL.
Hence, the complaint is partly allowed. Opposite parties are jointly and severally liable to pay Rs.1696/- + Rs.24/-, Rs.1,000/- (Rupees One thousand only) as compensation for mental agony and Rs.500/- (Rupees Five hundred only) as litigation costs.
Order shall be executed within a period of one month from the date of receipt of the 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 April, 2016.
Sd/-
Shiny.P.R
President
Sd/-
Suma. K.P
Member
Sd/-
V.P.Anantha Narayanan Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1- Registration Card issued by Department of Telecommunications, Palakkad dtd. 28/10/1997(Original)
Ext.A2- Copy of application form for surrender of telephone
Ext.A3- Request for surrender of landline telephone connection dtd.24/01/2014 (Photocopy)
Ext.A4- Calculation statement dtd.12/08/2015 (Original)
Ext.A5- First telephone bill issued by Department of Telecommunications, Palakkad. Dtd.01/05/1998 (Original)
Exhibits marked on the side of opposite party
Ext.B1- Certified copy of Telephone bill 243058089 for phone No.04912856188 with
details dtd.05/11/2012
Ext.B2- Certified copy of Telephone bill 248141370 for phone No.04912856188 with
details dtd.05/1/2013
Ext.B3- Certified copy of Telephone bill 269776467 for phone No.04912856188 with
details dtd.05/3/2013
Ext.B4- Certified copy of Telephone bill 296847375 for phone No.04912856188 with
details dtd.05/7/2013
Ext.B5- Certified copy of Telephone bill 314479145 for phone No.04912856188 with
details dtd.05/9/2013
Ext.B6- Certified copy of Telephone bill 327760703 for phone No.04912856188 with
details dtd.05/11/2013
Ext.B7- Compilation of BSNL orders on Telephone Revenue Accounts (Attested
copy)
Witness marked on the side of complainant
PW1-Mohammedkutty
Witness examined on the side of opposite parties
Nil
Cost Allowed
Rs.500/- as cost.
