Tamil Nadu

North Chennai

CC/63/2016

S.Anandan - Complainant(s)

Versus

The General Manager BSNL chennai Telephone - Opp.Party(s)

T.Charles

19 Sep 2017

ORDER

 

                                                            Complaint presented on:  18.03.2016

                                                                Order pronounced on:  19.09.2017

 

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

 

TUESDAY THE 19^th DAY OF SEPTEMBER 2017

 

C.C.NO.63/2016

 

 

S.Anandan,

S/o. M.Seenivasan,

No.10, Venkatathri Street,

Kosapet,

Chennai – 600 012.

                                                                                          ….. Complainant

 

..Vs..

The Chief General Manager,

BSNL, Chennai Telephones,

78, Purasaivakkam High Road,

Chennai – 600 010.

 

 

.....Opposite Party

Date of complaint                                 : 09.05.2016

Counsel for Complainant                      : Mr.T.Charles

         

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

 

 

O R D E R

 

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

          This complaint is filed by the complainant to pay a sum of Rs.2,50,000/- towards compensation for mental agony with a sum of Rs.5,000/- towards litigation charges u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant had deposited a sum of Rs.500/- on 11.11.2014 at BSNL office at Kilpauk, Chennai – 10, for a land line connection. The Opposite Party promised to install the residential land line connection within a week and also allotted Phone No. as 044-26621910. Till date the connection was not given, in spite of that the Complainant approached the Opposite Party at their various official levels. Hence the Complainant issued  a legal notice dated 08.02.2016 to the Opposite Party even after receiving  notice the Opposite Party has not given the connection.

          2. Due to the negligent attitude of the Opposite Party they failed to provide connection even after allotment of telephone No. 044-2662191, the Complainant suffered with mental agony. Hence the Complainant filed this Complaint seeking reliefs to provide land line connection and to pay a sum of Rs.2,50,000/- towards compensation for mental agony with litigation charges.

3. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The Opposite Party admits that he had allotted Telephone No. 044-2662191 to the Complainant for his land line connection. The Opposite Party made all sorts of effort to give the said landline connection to the Complainant. But due to the primary cable fault, no spare MF available in the Pillar No.24 which is serving the Venkatathri Street. Further due to cement road laid in the primary cable route i.e., Venkatathri Street, the Opposite Party unable to carry the cable fault work in that street. In view of such technical reasons alone, the Opposite Party unable to give connection to the aforesaid Telephone Number. Therefore this Opposite Party has not committed any deficiency in service and prays to dismiss the Complaint with cost.

4. 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?

5. POINT NO :1 

          Admittedly the Complainant applied for residential  land line connection with the Opposite Party by depositing a sum of Rs.500/- on 11.11.2014 under Ex.A1, and the Opposite Party also allotted Telephone No. 044-26621910 to the Complaint residence, and further till date the Opposite Party had not given connection for the said number.

          6. The Complaint alleges deficiency against the Opposite Party is that having allotted Telephone No. 044-26621910 to him but failed to provide connection for the said number and further the Complainant approached various area office Assistant Engineer to provide connection and he in turn  gave instruction to Assistant Engineer of his area to give Connection and however the said Assistant Engineer had not given connection  till date and therefore the Opposite Party had committed deficiency in service.

          7. The Opposite Party would contend that the Complainant’s road is a cement road and there was primary cable fault, no spare M.F available in the pillar No.24 and therefore they were unable to carry out the cable fault work and consequently could not give telephone connection. The Opposite Party allotted land line number to the Complainant. The allotment of land line number prima-facie establishes that the Opposite Party intended to give telephone connection to the Complainant.  Before allotting the number the Opposite Party should have verified that he could able to give telephone connection to the Complainant or not.  Without asserting the position, (that the Opposite Party could able to give connection or not) the Opposite Party allotted telephone number is deficiency on his part. Further, after one and a half year the Complainant also issued Ex.A2 legal notice on 08.02.2016 and that was acknowledged by the Opposite Party under Ex.A3.

          8. Therefore the Opposite Party after allotting the number and also receiving redressal notice for connection, the Opposite Party failed to provide connection to the Complainant establishes the negligent attitude in giving connection to him. Therefore we hold that the Complainant proved the deficiency committed by the Opposite Party in giving telephone connection to him.

09. POINT NO:2

          Since the Opposite Party allotted land line number to the Complainant and also committed deficiency in service, it would be appropriate to direct the Opposite Party to provide connection to the Complainant within a time frame of two months from the date of this order. Due to the negligence in service of the Opposite Party the Complainant is entitled for compensation and for the same a sum of Rs.2,000/- can be ordered, besides a sum of Rs.5,000/-  towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to  give Connection to the Complainant Telephone Land Line No. 044 – 26621910, within two months from the date of this order, and also to pay a sum of Rs.2,000/- (Rupees two  thousand  only) towards compensation for negligence in service 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 19^th day of September 2017.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 11.11.2014                   Cash receipt with allotted phone number

Ex.A2 dated 08.02.2016                   Legal Notice

Ex.A3 dated 11.02.2016                   Regd. Post with Ack. Due

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

                                      ……. NIL …….  

 

 

 

MEMBER – I                                                                PRESIDENT