Complainant no. 1 became a subscriber of Bharat Sanchar Nigam Limited (BSNL) in respect of her telephone bearing no. PRL-228360, Consumer ID No. 3004303689 by payment of Rs. 2,000/- (Two thousand) only as security money vide Demand Draft No. 782027 dated 14/02/2000. But on and from 20/09/2014 the said telephone suddenly went out of order. Inspite of verbal and written complaint to JTO on 26/09/2014 and TDE on 13/10/2014 no fruitful result yielded but a series of bi-monthly telephone bills for the period from (01/08/14-30/09/14) (1/10/14-30/11/14) (01/12/14-31/01/15) (1/2/15-31/3/15) were sent to the complainant for payment.

Despite receipt of advocates notice the O.P. did not pay any heed. Finding no other alternative complainant filed the instant case for appropriate relief alleging deficiency in service.

            O.P. has contested the case by filing written version contending inter alia that the case is not maintainable and denied all other allegations made by the complainants and prayed for dismissal of the case.

Now, the question is whether the complainants are entitled to relief as prayed for?

Decision with reason

            Admittedly, the complainant no. 1 is the subscriber of BSNL in respect of telephone bearing no. PRL- 228360. The said telephone went out of order from 20/09/2014. The complainant lodged complaint before JTO, Purulia on 13/10/2014 (vide Annex 3) and a series of complaints to TDE dated 27/10/2014, 7/11/2014, 21/11/2014, 10/12/2014, 22/12/2014 (vide annexure 5 series) for non-functioning of telephone.

            Though denied the allegations made by the complainant yet the O.P. appears to have tacidly admitted the same by submitting that due to severe line cutting of cable  by different agencies and placing of water pipe line in different road, the underground cable line has been damaged and as such it was/is very difficult for O.P. to restore immediately the telephone lines of the consumer. Though the telephone line has not been restored yet it is surprising enough that despite having knowledge of fault in the telephone the O.P. went on sending the bi-monthly telephone bills (Annex 4, 6 & 7). Being disgusted complainant desired not to continue with the service from the O.P. for which she has prayed for demand of security deposit which is required to be allowed.

O.P. also admitted that he will give rent rebate and/or is ready to give rebate to the subscriber for non service period and ready to refund the security deposit of the consumer if the subscriber applied for refund according to rules and regulations of the BSNL.

            On hearing of the arguments of the both sides and considering the documents and materials on record we are of the opinion that the complainant is entitled to get refund of security deposit and also not obligator to pay the bills during the period for which her telephone was out of order i.e. from 20/09/14  till date.

            The entire circumstances speak of deficiency of rendering service to the consumer complaints. The complaint is therefore liable to be allowed. Hence,

ORDERED

That the consumer complainant no 13/15 be and the same is allowed on contest against O.P.

The O.P. is directed not to claim the bi-monthly rent from complainant no. 1 for the period from 20/9/14 to till date of this order and if claimed the same is waived by this order.

O.P. is further directed to refund the amount of security deposit to the tune of Rs. 2,000/- (Rs. Two thousand) only as deposited together with interest thereon as per rules of BSNL within 3 (three) months from the date the complainant returns the telephone set with other accessories, if any, to the concerned office of the O.P. on issuance of proper receipt.

O.P. is further directed to pay compensation of Rs. 5,000/- (Five thousand) only for causing harassment to the complainant and Rs. 1,000/- (One thousand) as litigation cost.

All such payments have to be made by the O.P. within 3 (Three) months from the date the complainant returns the telephone set, by issuing Account Payee Cheque in the name of complainant no. 1.

Let a copy of this judgement be supplied to the parties free of charge.