By. Sri. Jose. V. Thannikode, President:
The complaint is filed against the opposite parties to reconnect the disconnected phone and to cancel the bill for Rs.1,002/- and to pay cost and compensation due to their unfair trade practice.
2. Brief of the complaint:- The complainant was the consumer of land phone No.230031, 231062 provided by the opposite parties. The complainant use to pay all the bills promptly. While so in the month of January 2015 both the phone connection were dead. This was reported to opposite party No.1 and a line man came and inspected the phones and convinced the complainant and offered to rectify the defects within two days but it was not rectified even after somany reminders and at last the complaint was written in the complaint register also. But till today the complaint were not rectified and the bill is received by the complainant for telephone No.230031 for the non use period. When all these problem were reported to opposite party they said that they do not know how the bill came and further stated that without paying the bill amount the connection cannot be reconnected and further stated tat if this bill is paid it will be adjusted in future bills. So the complainant remitted Rs.1,002/- for the telephone No.230031 on 17.06.2015. Thereafter also opposite party's not reconnected the connection, but again and again future bills was received. This was also reported to the opposite parties with a letter but the connection was not reconnected. Due to these deficiency of service by the opposite parties the complainant caused much difficulties and hardships and losses and the opposite parties are responsible for the grievances and prayed before the Forum to direct the opposite parties to reconnect the phone No.230031. 231062 and to cancel the bill issued for the period of non use of telephone and to pay cost and compensation of Rs.50,000/- to the complainant.
3. Notices were served to opposite parties and they appeared and filed version stating that the telephone numbers 04935 230031 and 04935 231062 of the petitioner was frequently reported faulty since the cable pair from exchange to the subscriber premises was damaged. The cable pair damaged in multiple places in a unrepairable position and under the tarred road, one meter depth. New cable is to be layed for the entire distance and the same is presently not feasible. The complainant was informed about the above facts and advised to take a WLL telephone and the letter was received by the petitioner on 16.10.2015 but not responded. Arial cable cannot be laid due to the presence of KSEB 11KV power line and transformer. The petitioner had paid Rs.1,002/- on 17.06.2015 towards telephone No.230031 and the telephone was reconnected automatically on system but due to cable fault the number was not through. Rent rebate from 17.16.2015 to 26.10.2015 was allowed to the petitioner. The telephone was disconnected for nonpayment again on 27.10.2015 and closed on 08.02.2016. Account settlement was done and outstanding amount is nil. The rent rebate for the eligible periods was adjusted in the bills. The telephone No.231062 was disconnected for nonpayment on 26.04.2014 and closed on 08.05.2015. Deposit amount of Rs.1,320/- was adjusted towards pending bills and outstanding amount pending payment is Rs.455/-. So pryaed to advice the petitioner to take a WLL connection and prayed to dismiss the complaint.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A7 documents were marked. Ext.A1 is the Bill for Rs.1,002/- dated 08.06.2015 but for which period the bill for is not mentioned, phone No.230031. Ext.A2 is the bill for Rs.529/- dated 13.10.2015 for telephone No.230031. Ext.A3 is the notice issued by the opposite party to remit Rs.539/- before 14.12.2015 and if it is not paid the connection will be disconnected. Ext.A4 is the Notice issued to complainant for paying the balance of Rs.645/- for reconnection. Ext.A5 is the Notice issued to complainant for payment of Rs.655/- to reconnect the connection. Ext.A6 is the Notice issued to complainant for payment of Rs.884/- to reconnect the connection. Ext.A7 is the Receipt for payment of the bill for Rs.1,002/- dated 17.06.2015.
5. Opposite party also filed proof affidavit and stated as stated in the version and he is examined as OPW1 and Ext.B1 document is marked. Wherein it is stated that “Your vellamunda Telephone Exchange land phone No.230031 is not able to reconnect due to technical reason. If you are agreed, WLL connection can be given to you. Please intimate to the commercial Officer, BSNL, Mananthavady as early as possible”
6. On perusal of complaint, affidavit, version and documents we raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the
part of opposite parties?
2. Relief and Cost.
7. Point No.1 :- The allegation in the complaint is admitted by the opposite parties in their version stating that “the cable pairs utilized for providing connectivity to telephone Nos.04935230031 and 04935 231062 were damaged in multiple places” and further stated that “due to multiple cable faults new cable is to be laid along the entire length for providing connection which is presently not feasible technically and offered WLL connect to the subscribers for meeting his communication needs”. Ext.B1 is also shows that these connections are not able to reconnect due to technical reason. Opposite party deposed before the Forum that BSNL is functioning not only for profit motive but service oriented and also deposed that the above said connection is not working since 2014. The produced documents Ext.A4 and A5 proves that now there are somany facility available in BSNL like free call in the night to all the network, internet facility etc. But even in the repeated request and after payment of the bill amount the opposite party is not providing the telephone connection to the complainant telling untenable reason. The complainant is entitled to get all the above facilities proving by the opposite parties. Hence it is proved that the telephone is not working since the complaint, and not providing the connection to the complainant and collecting bills for not functioning period is a clear case of deficiency of service from the side of opposite parties. Hence the Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the opposite parties, they are liable to reconnect the telephone connection and liable to refund the bill amount collected during the non functioning period and also liable to cancel the bills for the non functioning period if any and also liable to pay cost and compensation for the deficiency of service and the complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite parties are directed to reconnect the telephone numbers of the complainant and also directed to cancel the bill if any pending against the complainant and also directed to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.1,000/- (Rupees One Thousand) as cost of the proceedings within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 15% for whole the amount till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 27th day of October 2016.
Date of Filing:28.03.2016.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Ibrayi. Complainant.
Witness for the Opposite Parties:-
OPW1. Abdul Jaleel. Junior Telecom Officer, Group Vellamunda.
Exhibits for the complainant:
A1. Copy of Notice. Dt:08.06.2015.
A2. Notice. Dt:13.10.2015.
A3. Notice. Dt:30.11.2015.
A4. Notice. Dt:05.02.2016.
A5. Notice. Dt:29.02.2016.
A6. Notice. Dt:07.04.2016.
A7. Receipt. Dt:17.06.2015.
Exhibits for the opposite party:-
B1. Copy of Letter. Dt:31.08.2015.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
