IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
Case no. CC/05/2016
Date of filing:11-01-2016 Date of disposal:31-08-2017
Complainant – Sri Prabir Biswas, s/o Pareshnath Biswas,
Village - Haribhanga, Mathpara, PO & ,PS - Islampur,
District – Murshidabad, West Bengal.
VS.
- The Branch Manager, MTS, 60, Rejaul Karim Sarani, PO & PS - Berhampore,
District – Murshidabad, Pin Code – 742101, West Bengal.
- The Manager, System Shyam Teleservices Ltd.,
9th floor, DN – 52, Sector – V, Salt Lake City, Kolkata – 700091 -Opposite parties.
Present : Sri Anupam Bhattacharyya, - President
Smt. Chandrima Chakraborty - Member
Sri Manas Kumar Mukherjee – Member
FINAL ORDER
Sri Manas Kumar Mukherjee, Presiding Member.
This case has been filed by the complainant U/S 12 of C P Act’1986, praying for restoration of telephone line / connection of the complainant, which was disconnected, without any information to him, alongwith a compensation of Rs. 100,000/- only, to compensate the harrasmsnt, mental agony and litigaton expenses, met and incurred by the complainant.
The case of the complainant, in brief, is that, the complainant was the user of mobile connection, bearing no. 87932708917, which was ported from BSNL to MTS, on November, 2012, as stated by him, in the complaint and opted as a pre paid customer of MTS prepaid scheme. He tagged this no. with his salary, bank a/c, IRCTC a/c and refilling of domestic gas, etc. He has also stated, that he procured the line after submitting requisite documents, to the OP(s).
The complainant, further alleged that, without informing him, the OP(s) disconnected his line. Subsequent to an inquiry, he was informed by the Customer Care department of OP no. 1 that his alotted no. was ported and given to another person, on 21-05-2015, which, as alleged by him, is a clear deficiency in service, on the part of the OP(S). Hence, the complaint has been filed, before this Forum.
The complainant has also filed a General Diary, before, Islampur PS, bearing no. 302 dated 06 – 11 – 2015.
The case of the OP no. 2, in brief, is that, the line of the complainant was disconnected, due to non compliance of statutory formalities, by the complainant. OP no. 2, further stated that the documents, submitted by the complainant, at the time of porting, were found to be fake. OP no. 2, further submitted citations of higher Courts, emphasising that the case is not maintainable in this Forum.
As the OP no. 1, did not appear, the case was heard, ex-parte, against OP no. 1.
Upon pleadings of both the parties, the following points have been raised, for disposal of the complaint.
Points to be considered
- Whether the complainant is entitled to get relief, as prayed for.
- Whether the case is maintainable, in this Forum.
Decisions with reasons
To prove the case, the complainant as well as the OP no. 2, have adduced, affidavit – in Chief and WV / WO, respectively, alongwith requisite materials. OP no. 1, remained absent, throughout the entire period of the case and hence the case was heard, ex-parte, against them.
It is observed and admitted, that the telephone connection of the complainant was disconnected by the OP(S), without informing him. It is further seen that the complainant used the no., in question, in connection with many essential activities, the disconnection of which, had resulted in multiple harrasment, to him. Hence, the complainant is entitled to be awarded with reconnection of his telephone connection, after complying with all the statutory formalities, if not done, earlier, as well as a compensation, to cover the harrasment, mental agony and cost of litigation.
Regarding maintanibility of the complaint, we intend to refer to file no. J-24/11/2014-CPU, issued by Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs (Consumer Protection Unit), wherin it is clearly stated that ‘the District Fora are competent to entertain consumer disputes, involving telecom service providors and consumers’.
Hence,
ORDERED
that the Consumer Complaint no. 05/2016, is hereby allowed in part, instructing the OP nos. 1&2, jointly and severally, to reconnect the telephone connection of the complainant, within 15 (fifteen) days from the date of receipt of this order, alongwith a compensation of Rs. 10,000/-, within 30 days, from the date of receipt of this order, in default, the OPnos. 1&2 will have to pay a fine of Rs. 50/- per day’s delay and the amount, so accumulated, shall be deposited in the Consumer Legal Aid account.
Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.
