Order No. 12 dt. 12/09/2019
The complainant filed this case stating inter alia that he is maintaining a telephone broadband line with the basic telephone number 033-2284-6132. The said telephone no. was out of order during the period 2012-13. The complainant after becoming disgusted with the service provider of the o.p. opted to surrender the broadband line which was communicated to the authority of the BSNL and surrendered the telephone line on 18/06/2015. The telephone line was disconnected long back. In spite of such disconnection the o.p. demanded a further payment of Rs.6094/- though the complainant all through paid the amount and ‘No Dues’ Certificate was not provided from the side of the o.p. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for cancellation of the illegal claim of the o.ps to the tune of Rs.6094/- and also prayed for compensation and litigation cost.
O.ps contested the case by filing w/v and denied all material allegations levelled against them. It was stated that the said telephone connection of the complainant has remained suspended due to non-payment of bill and the o.ps are ready to withdraw the said suspension within a short period without charging any bill for the benefit of the bonafide customer of the o.ps and the o.ps voluntarily recalled and cancelled the aforesaid bill amount of Rs.6094/- and the o.ps ready to provide “No Dues Certificate” to the complainant. O.ps are also ready to refund security deposit of the complainant, if the complainant made such claim to the o.ps.
On the basis of the pleading of the parties the following points are to be decided.
- Whether complainant had any telephone connection from the o.ps?
- Whether the o.ps made any illegal claim from the complainant?
- Whether there was any difficulty in providing service on the part of the o.ps?
- Whether the complainant is entitled to get any relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that he is maintaining a telephone broadband line with the basic telephone number 033-2284-6132. The said telephone no. was out of order during the period 2012-13. The complainant after becoming disgusted with the service provider of the o.p. opted to surrender the broadband line which was communicated to the authority of the BSNL and surrendered the telephone line on 18/06/2015. The telephone line was disconnected long back. In spite of such disconnection the o.p. demanded a further payment of Rs.6094/- though the complainant all through paid the amount and ‘No Dues’ Certificate was not provided from the side of the o.p. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. for cancellation of the illegal claim of the o.ps to the tune of Rs.6094/- and also prayed for compensation and litigation cost.
Ld. Lawyer for the o.ps argued that the said telephone connection of the complainant has remained suspended due to non-payment of bill and the o.ps are ready to withdraw the said suspension within a short period without charging any bill for the benefit of the bonafide customer of the o.ps and the o.ps voluntarily recalled and cancelled the aforesaid bill amount of Rs.6094/- and the o.ps ready to provide “No Dues Certificate” to the complainant. O.ps are also ready to refund security deposit of the complainant, if the complainant made such claim to the o.ps.
Considering the submissions of the respective parties it is an undisputed fact that the complainant enjoyed the telephone connection provided by the o.ps. It is also found from the materials on record and which has also been admitted by the o.ps that the complainant enjoyed the telephone along with the broadband connection. Complainant has stated that during the disputed period the complainant never had any telephone connection and prior to that the complainant wanted to disconnect the said telephone connection and which was intimated to the o.ps. The o.ps in their w/v after considering their office record categorically stated that they do not want to ask for the payment of the said bill amount of Rs.6094/-. The o.ps are also agreed to issue No Dues Certificate to the complainant, if the complainant make any legitimate claim in respect of the withdrawal of the deposited amount the same amount would also be paid to the complainant. On the basis of the such materials on record since the o.ps have already agreed to withdraw the claim of the said bill and the complainant in his reply in the questionnaire categorically stated that he does not want to pray for compensation and litigation cost, if the No Dues Certificate is provided since the o.ps agreed to the such fact of issuing No Dues Certificate and not pressed for amount claimed by the o.ps. Therefore, we hold that the case is disposed of without asking the o.ps to pay any compensation to the complainant. Thus the case is disposed of accordingly.
Hence, it is ordered.
That the case no.349/2019 is allowed on contest against o.ps without cost. The o.ps are directed to issue No Dues Certificate to the complainant in respect of the amount of Rs.6094/- (Rupees Six Thousand and Ninety Four) only and also to refund the deposited amount which was paid by the complainant at the time of obtaining telephone and broadband connection only within 30 days from the date of communication of this order.
