Order No.  21  dt. 02/02/2017

       The case of the complainant in brief is that the complainant applied for telephone connection and he deposited an amount of Rs.1000/- on 2.4.1987. After receiving the said amount of Rs.1000/- o.p. sent a bill of Rs.2527/- which was deposited by the complainant. Since May 2008 o.p. disconnected the complainant’s telephone line and the complainant made complaint letter 2.5.08, 3.5.08 and 9.5.08. It was alleged by the complainant that it is the habit of o.p. to disconnect the telephone connection of the complainant. The complainant on numerous occasions visited the office of o.p. but no relief was provided. The complainant used to pay telephone bills regularly till 18.12.12 and on 24.1.14 the complainant received a bill amount of Rs.3305/- and requested the o.p. for rectification of the bill but the bill was not rectified and the telephone connection was disconnected, though the complainant paid an amount of Rs.1244/-. The complainant stated that due to disconnection of telephone the complainant has suffered loss and by filing this case prayed for direction upon the o.p. for connection of the telephone line as well as compensation of Rs.5 lakhs.   

            In spite of receipt of notice the o.p. contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p.  

            The complainant filed an affidavit of evidence whereby he stated that the complainant paid telephone bill regularly but in spite of payment of the telephone bill his telephone connection was disconnected for which the complainant prayed for restoration of the telephone connection and compensation of Rs.5 lakhs.

            On perusal of the evidence of the complainant it appears that the complainant had the telephone connection in his premises and it is also found from the pleadings of the complainant that the complainant failed to pay the telephone bill regularly and for which o.p. had to disconnect the telephone line. It appears that whenever the complainant lodged his complaint, the o.p. took the proper steps for redressal of his grievance. The documents filed by the complainant does not show that he paid the telephone bills regularly. The documents filed by the complainant shows that he received the bill in the year 1998 and subsequently the complainant though filed some documents but those are not the documents to show or to justify the claim of the complainant that he paid the telephone bill upto the date of disconnection of the telephone line in the premises of the complainant. The claim of the complainant cannot be entertained entirely because of the fact that the complainant has not come with clean hands to get any relief from this Forum. Since this case has proceeded ex parte at least a direction may be given to o.p. for providing the telephone connection on payment of the entire outstanding dues by o.p. There was no deficiency in service on the part of o.p. and the complainant will not be entitled to get any compensation as sought for.

            Hence, ordered,

            That the CC No.261/2014 is allowed on contest in part against the o.p. The o.p. is directed to restore the telephone connection on receiving of entire outstanding dues from the complainant within 30 days from the date of communication of this order.    

            Supply certified copy of this order to the parties free of cost.