Tamil Nadu

North Chennai

152/2014

A.Mohamed Riswan(M/37),S/o.Abubakkar, - Complainant(s)

Versus

The Deputy General Manager(WW),BSNL Chennai Telephones, - Opp.Party(s)

M/s.S.MOHAMED ANSAR

02 Mar 2018

ORDER

 

                                                            Complaint presented on:  24.07.2014

                                                                Order pronounced on:  02.03.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

              THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

FRIDAY  THE 02^nd  DAY OF MARCH 2018

 

C.C.NO.152/2014

 

 

A.Mohamed Riswan(M/37)

S/o. Abubakkar,

New No.11, Old.No.19, 3^rd Floor,

Fathima Manzil, Ramaiah Street,

Shenoy Nagar,

Chennai – 600 030.

                                                                                    ….. Complainant

 

..Vs..

The Deputy General Manager (NW),

BSNL, Chennai Telephones,

Kellys TE Building,

No.22, Kellys Road,

Chennai – 600 010.

.....Opposite Party

Date of complaint                                 : 28.07.2014

Counsel for Complainant                      : M/s.S.Mohamed Ansar, P.Palanikumar,

                                                                    R.Abdur Rahman, N.Mohamed Rabi

 

Counsel for Opposite Party                      : K.Balajee and D.Kumar

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

This complaint is filed by the complainant  to refund the entire money and compensation for mental agony with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant is a subscriber of the land line telephone and broad band connection in telephone No. 044 – 26640722. The opposite party closed the complaint connection from 2014 for default of payment of bill for the month of December 2013. The opposite party sent notice dated 20.02.2014 to the complainant for payment and he can seek re-connection after settlement of dues.

2. On 05.03.2014, the complainant had settled all the dues and sought re-connection. But the opposite party sent the bill dated 06.05.2014 for payment of Rs.758.78/-. The complainant had liability for payment of due for the month of December 2013. But the opposite party due to negligence  has collected dues for the month of January and February 2014. The act of the opposite party caused mental agony to the complainant. Hence he sent notice on 15.05.2014. The opposite party replied on 19.05.2014 that his line was re-connected automatically by the system on 05.03.2014. This fact reveals that the complainant had paid rent from December 2013 to February 2014. Therefore the complainant filed this complaint to refund the entire money and compensation for mental agony with cost of the complaint.

 

3. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The opposite party admits that the complainant is a customer of him for the broadband internet connection form 21.03.2013. The complainant paid the bills  till the usage for the month of October 2013. Due to  non- payment of bill dated 06.12.2013 for Rs.725/- automatically the outgoing calls barred on 21.01.2014 and incoming calls on 27.02.2014.

4. The opposite party issued letter dated  20.02.2014 for recovery of payment dues for the month of November  2013 bill  for a sum of Rs.725/-, for the month of December 2013 bill for  a sum of Rs.760/- and for the month of January 2014 bill for  a sum of Rs.761/-. After payment made by the complainant on 05.03.2014 the telephone connection was re-connected automatically on 05.03.2014.

5. The opposite party received a legal notice dated 15.05.2014. The telephone was not used after incoming bar due to non-payment and hence the rental charges claimed in the subsequent bills dated 06.03.2014, 06.04.2014 & 06.05.2014 have been waived and sent a reply dated 19.05.2014 to the complainant. The telephone line was also de-activated on 21.05.2014. After payment made by the complainant the connection was automatically re-connected and the complainant also has not made any request for closure of the telephone, the line was not closed. The line was used till 11.12.2013 and beyond that date, as a special case, the rental was waived as per request of customer and the opposite party agrees to refund the rental paid for the non usage period along with deposit which comes around Rs.2,241/-. Hence this opposite party has not committed any deficiency in service and prays to dismiss the complaint with costs.

 

6. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what extent?

7. POINT NO :1

It is an admitted fact that the complainant is a subscriber of the land line broadband internet connection bearing No. 26640722 from 21.03.2013 and the complainant paid the bill upto 06.11.2013 and thereafter the telephone connection outgoing was barred on 21.01.2014 and incoming barred on 27.02.2014 and thereafter the complainant paid the bills for the usage for the  months of November & December 2013 and January 2014 for a sum of Rs.2,246/- on 05.03.2014.

8.  The complainant alleged deficiency against the opposite party that he had collected dues for the months January & February 2014 and for the said period the complainant had not used the connection and hence  the opposite party had collected the amount for the non-usage period  proves that he had committed deficiency in service.

9. The opposite party also admitted in his written version para 11 that  on verification of usage date, usage is available upto 11.12.2013 and beyond that there is no usage and hence the rental claimed beyond 11.12.2013    has been waived, as per request of the complainant, the opposite party agreed to refund rental paid for the said non-usage period along with deposit  which comes around Rs.2,241/- .  The opposite party collected the amount for the non-usage period and the above admission of the opposite party  in  not-refunding the agreed amount to the complainant establishes that the opposite party has committed deficiency in service.

10. POINT NO:2

          The opposite party agreed to refund a sum of Rs.2,241/- toward non-usage period and deposit amount and for such amount the complainant is entitled to get refund from the opposite party. Further, the complainant suffered with mental agony due to the deficiency committed by  the opposite party is accepted and for the same, the opposite party can be directed to pay a sum of Rs.10,000/- towards compensation, besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to refund a sum of Rs.2,241/- (Rupees two thousand two hundred and forty one only) towards bill amount for non-usage period and deposit amount  to the Complainant and also to pay  a sum of Rs. 10,000/- (Rupees ten thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 02^nd  day of March 2018.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 06.02.2014                   Telephone Bill

Ex.A2 dated 20.02.2014                   Letter of the opposite party

Ex.A3 dated 14.03.2014                   RTI Application

Ex.A4 dated 16.04.2014                   Reply under RTI Act, 2005

Ex.A5 dated 28.04.2014                   RTI Application

Ex.A6 dated 06.05.2014                   Telephone Bill

Ex.A7 dated 26.05.2014                   Reply under RTI Act, 2005

Ex.A8 dated 15.05.2014                   Legal Notice

Ex.A9 dated 19.05.2014                   Reply

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

                                      …….. NIL ……

 

 

 

 

MEMBER – I                                                               PRESIDENT