Presented by Sri B.K. Pati, Member.<br /> The present complaint pertains to deficiency of service as provided under the Consumer Protection Act-1986 and its brief history is as follows:-<br /> <br /> The Complainant, a rural based lawyer as well as cultivator, has Telephone connection bearing No. 239086 in village Gondaturum under the Opposite Parties. The said Telephone has been lying dead since Dt. 19/10/2006 and in spite of repeated oral approach and written complaint Dt. 15/11/2006, Dt. 21/12/2006, Dt. 22/06/2007, and Dt. 23/11/2007 to authorities under the Opposite Parties. The prolonged dead condition of the Telephone, which the Complainant terms as intentional inaction and gross negligence of service committed by the Opposite Parties, has caused physical, mental, economic and social suffering to the Complainant, more so because his family is staying at Bargarh and the Complainant can not communicate with it through the Telephone at the time of need. Though the Opposite Parties have defaulted in providing service they have not failed in billing the almost zero meter calls of the said Telephone. <br /> <br /> The Complainant prays for restoration of connection of his dead Telephone, a compensation of Rs. 50,000/- (Rupees fifty thousand)only from the Opposite Parties, refund or adjustment of Telephone bills paid for the no service period and litigation cost to be paid by the Opposite Parties to the Complainant.<br /> <br /> The Opposite Parties in their version question the maintainability of the complaint and assert that the Telephone of the Complainant became out of order during April-2007, as proved by the increase in meter calls Dt. 08/01/2007 and Dt. 08/03/2007, instead of since Dt. 19/10/2006 made out in the petition by the Complainant. On receipt of the petitioner's Complain Dt.22/10/2207, the Opposite Party No.2(two) verified the spot and found the under ground cable from village Mahulpali to village Kesaripali badly damaged necessitating replacement thereof. Now, after receipt of cable from the Devision Store, Sambalpur, the restoration work is in progress and would be complete within fifteen days. Since the Opposite Parties are taking steps to restore the Telephone service of the Complainant there is no deficiency of service on the part of the Opposite Parties towards the Complainant. The test calls registered in the bills Dt. 08/02/2007 and Dt. 08/11/2007 establish the fact that the Opposite Parties were sincerely trying to attend to remove the cable fault. The Opposite Parties contend that the bills issued routinely to the Complainant from Dt. 08/07/2007 till date have been cancelled and bill Dt. 08/05/2008 for Rs. 122/-(Rupees one hundred twenty two)only has been kept as excess payment and the same would be adjusted in future bills or would be refunded to the Complainant if he so likes.<br /> <br /> It is submitted by the Opposite Parties, that they have initiated steps for restoration of Telephone service of the Complainant, which went out of order due to technical reasons and therefore, they have not committed any deficiency of service towards the Complainant. The Complainant is not entitled to compensation as claimed by him and the petition be dismissed with cost, pray the Opposite Parties.<br /> <br /> Perused the complaint, version of the Opposite Parties along with the copies of documents filed and find as follows:-<br /> <br /> The Complainant is very much a consumer, the Opposite Parties being service provider and their relationship as such, brings the subject matter of the Complaint to be tried by the this Forum.<br /> <br /> It is the case of the Complainant that his telephone in question went out of order since Dt. 19/10/2006 and in spite of repeated complaint to the Opposite Parties they failed to restore functioning thereof. The Opposite Parties claim that the Telephone went out of order in April-2007 and on receipt of complaint Dt. 22/06/2007 from the Complainant the Opposite Party No.2(two) went to the spot and tried to restore the connection. The postal testimonies of Under Certificate of Posting Dt. 15/11/2006 and Dt. 21/12/2006 addressed to the Opposite Parties prove beyond doubt that, the Complainant brought the matter to the notice of the Opposite Parties for redressal, in the year 2006. When his complaint to the Opposite Party No. 1(one) Dt. 23/11/2007 through Registered Post, failed to yield any positive result, the Complainant took shelter of this Forum on Dt. 05/07/2008. The Opposite Parties could not restore functioning of the phone even after a direction by this Forum U/S 13 (3) (b) on Dt. 10/07/2008. An officer of the Opposite Parties present in the Forum on Dt. 17/10/2007 tried to establish telephonic communication with the Complainant's Telephone to prove that his connection has been restored, but he failed to do so leaving no doubt that the Telephone has not been brought to normal functioning by the Opposite Parties. The citing of the rising meter reading of the Complainant Telephone by the Opposite Parties was only an attempt to cover up their deficiency of having not brought the Telephone of the Complainant to normal functioning. The Opposite Parties have also not complied with the Order of this Forum Dt. 23/09/2008 to pay a penalty of Rs. 50/-(Rupees fifty)only per day to the Complainant till the restoration of the normal functioning of the Telephone. This is a clear case of deficiency of service committed by the Opposite Parties towards the Complainant.<br /> <br /> In the result, the Opposite Parties are directed, jointly and severally, to restore the normal functioning of the Telephone of the Complainant and pay him a compensation of Rs. 15,000/-(Rupees fifteen thousand)only that includes the penalty of Rs.50/-(Rupees fifty)only per day to be paid to the Complainant by the Opposite Parties as per Order Dt. 23/09/2008 of this Forum within thirty days hence, failing which the amount shall carry 12%(twelve percent) interest per annum till payment. Further, the amount paid to the Opposite Parties by the Complainant, towards the bills of the no-service period, be adjusted with future bills of the Complainant. <br /> <br /> Complaint allowed accordingly.<br />