Orissa

Sambalpur

CC/49/2017

Sri subhash Chandra Mishra - Complainant(s)

Versus

The G.M.T.D.(BSNL Sambalpur) - Opp.Party(s)

10 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No-49/2017

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Sri. Subash Chandra Mishra,

S/O-Sri. Ram Narayan Mishra,

Bairagipali, P/o-Kabarapali, PS-Sadar,

Dist:- Sambalpur, Odisha-768112.………….Complainant

Vrs.

The G.M.T.D.

(Bharat Sanchar Nigam Limited, Sambalpur-768001)  ..….Opp. Parties

Counsels:-

1. For the Complainant      :-Self
2. For the O.P.                     :-Sri. A.K.Barad

DATE OF HEARING :XXXXX, DATE OF JUDGEMENT :10.08.2022

Presented by Dr. Ramakanta Satapathy, PRESIDENT.

1. The case of the Complainant is that the Complainant is an user of wireless internal service (WIMAX) provided by the Bharat Sanchar Nigam Ltd., Sambalpur. Due to poor service of the O.P. it is disconnected as the signal is very poor. The Complainant is paying charges of (Rs. 905/- to Rs. 925) for WIMAX with A/C No. 374450366 and regularly. Further the Complainant alleged that after repeated request also issue in not taken seriously. Further the O.P is charging excess amount and not giving any concession.
2. The O.P. after appearance in its version submitted that the WIMAX connection given to the Complainant A/C No. 374450366 is admitted. As per section 7.B. of the Indian Telegraph Act any dispute with Telegraph Authority is subject to Arbitration. All other allegation like poor service, disconnection of the WIMAX are denied. The Complainant is a consumer, receiving service under 825 plan with monthly CPE rental of Rs. 40/-. The rent to be paid is Rs. 825/- + Rs. 40/- +Tax. Varying from time to time per month.

The WI-MAX BTS has gone out of order due to card fault on 14.12.2016 and rectified on availability of the same. From 14.12.2016 to 09.09.2017 the O.P. was rendering service from WI-MAX BTS, Brooks Hill, Sambalpur which is about 10Kms distance from Complainant’s house and there was no interruption of service. After rectification of the fault from 09.09.2017 Pariabahal, WI-MAX BTS is functioning smoothly and providing service to Complainant. The other allegation denied by the O.P. The O.P. has filed an account of the Complainant and concession/rebate allowed. When there was defects for technical reason no deficiency of service can be attributed to the O.P. and the Complainant is not entitled for any compensation.

3. Perused the documents filed by both the parties along with complaint petition and version. The following issues are framed:
103606587.  

1. Whether the complaint is not maintainable in view of Sec. 7.B. of the Indian Telegraph Act?
2. Is there any deficiency in service of the O.P.?
3. What relief the Complainant is entitled for?

Issue No.1 Whether the complaint is not maintainable in view of Sec. 7.B. of the Indian Telegraph Act?

          Any dispute concerning telegraph line, appliances or apparatus when arises between the telegraph authority and person for whose benefit the line, appliance or apparatus is or has been, provided the dispute shall be determined by arbitration and shall, for the purpose of such determination, be referred to an arbitrator appointed by the central Government either specially for the determination of the disputes or generally for the determination of disputes under this section. Sec. 7B(1) of the Telegraph Act says.

          In the present case neither the parties preferred any arbitration before the central authority nor any decision of the arbitration has been filed relating the same issue. Accordingly, The Telegraph Act does not bar the Jurisdiction of this Forum/Commission.

          In addition to pendency of arbitration case, if the disputes relate to deficiency in service or defective goods the jurisdiction of this Forum/Commission is not barred.

          Accordingly, this complaint is maintainable. The issue is answered.

Issue No.2  Is there any deficiency in service of the O.P.?

          The O.P. in its version at Para-6 admitted that the WI-MAX BTS had gone out of order due to card fault on 14.12.2016 and it was rectified on availability of the same. Interuption in rendering service made from 14.12.2016 to 09.09.2017 and service was provided from WI-MAX BTS at Brcoks Hill, Sambalpur which is about 10KM distance from Complainant’s house and there was no interruption of service. Since 09.09.2017 Pariabahal connection has been given and there is no any problem.

          From the aforesaid facts it proves the allegation of the Complainant. When service was provided from 10Km distance certainly either there will be poor connectivity or disruption of service. The O.P. has not provided proper service as a result it brought dissatisfaction of the Complainant.

          Relating to concession in the bill, the Complainant claimed 60% concession. There is no any documentary evidence to measure the frequency of data supplied. The O.P. has filed the account statement of the Complainant, wherein concession/rebate has been allowed on 23.11.2016 for an amount of Rs. 871/- and on 01.07.2016 for Rs. 1600/-. The date provided are for the period 01.01.2016 to 01.12.2016, where as the allegation is till the period 09.09.2017. The O.P. has not filed the account statement for the period 01.01.2017 to 09.09.2017. However, the O.P. has provided concession/Rebate to the O.P.

          Accordingly, deficiency in service of the O.P. is proved and the O.P. is liable for the same.

          Issue is answered in favour of the Complainant.

Issue No.3 What relief the Complainant is entitled for?

          The Complainant is entitled for the relief against the O.P.

          Accordingly, it is ordered:

ORDER

The Complaint is partly allowed. The O.P. is directed to provide qualitative service to the Complainant. For the deficiency in service the O.P. is liable to pay Rs. 50,000/- to the Complainant within one month of receipt of this order and incase of non payment the amount will carry 7% interest from the date of order till realisation.

          The O.P. is further directed to provide admissible rebate to the Complainant for the period 14.12.2016 to 09.09.2017 for the poor supply of service.

          Order pronounced in open court on this 10^th day of August, 2022.

          Supply free copies to the parties.