Tripura

West Tripura

CC/48/2017

Smt. Keya Deb Debbarma. - Complainant(s)

Versus

The General Manager Telecommunication, BSNL. - Opp.Party(s)

Self

10 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE NO:  CC-  48  of   2017

 

Smt. Keya Debbarma,
W/O- Sri Shambhu Deb,
Flat No. A-5, Pratiksha Apartment,
P.O. Abhoynagar, Agartala,
West Tripura.                        .….…...Complainant.

       VERSUS          

      1. The General Manager Telecommunication,
BSNL, Kaman Chowmuhani, Agartala, Tripura.            

      2. The Accounts Officer,
Office of the General Manager Telecommunication,
BSNL, Kaman Chowmuhani, Agartala, Tripura.    ........Opposite Party.
    

 
 __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER 
 DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

 

C  O  U  N  S  E  L

For the Complainant        : In person.
                       
For the O.P.             : Sri Paramartha Datta,
                      Sri Tanmoy Debbarma,
                      Advocates.

                    
JUDGMENT  DELIVERED  ON: 10.10.2017.

J U D G M E N T
        This case arises on the petition filed by one Keya Debbarma. Petitioner filed this case U/s 12 of the Consumer Protection Act against the General Manager, Telecommunication, BSNL, Agartala. Petitioner's case in short is that she had BSNL land line  broad band connection. On December, 2016 her daughter received a call in that phone informing that BSNL had started a new service named BSNL Hungama service which was available without cost. Games movies, music can be downloaded without payment, free of cost. The caller on behalf of BSNL insisted for enjoying the programme. Later on BSNL Hungama services sent SMS to her daughter's mobile giving a login ID for accessing Hungama service. In February, 2017 petitioner with surprise found that for this Hungama Service Rs.343/- was charged. Nothing was downloaded during this period. Again Rs.410/- was charged in the month of March, 2017. Petitioner went to the counter of BSNL, North Gate of Agartala and requested him to stop such Hungama Service in his telephone line. But it was not done again bill charged Rs.410/-. Without informing the customer such charges were made and petitioner was harassed, therefore, petitioner prayed for getting back the paid bill amount and also compensation. 

2.        O.P. BSNL appeared, filed Written statement denying the claim. It is stated that BSNL Hungama is an entertainment service from BSNL in collaboration with Hungama Digital Media Entertainment. Hungama.com is on-demand digital entertainment channel which provides the services to BSNL subscriber on monthly renewal plan. The subscriber was charged Rs.343.87/- and she paid the amount. Subsequently  another amount Rs.410/- was charged. Petitioner raised objection after February and on her request services was deactivated on 28.02.17.Aafter March no charge was made by BSNL. 

3.        From the contention raised by both the parties following points cropped up for determination:
        (I) Whether Hungama Services was provided to the petitioner without her consent?
        (II) Whether there was deficiency of service by the O.P. and O.P. is liable to compensate the petitioner?
        
4.        Petitioner produced the bill copy. Email report and complaint also given evidence in support of her case. 

5.        O.P. on the other hand produced the Statement on affidavit of one witness.

6.        Both the parties produced written argument.

7.        On the basis of all these evidence and the written argument we shall now determine the points.

            Findings and decision:
O.P. BSNL did not produce any single evidence to support that consent was taken from registered customer before providing the Hungama Service. BSNL also in the bills could not produce anything to support that any single byte was downloaded from the Hungama Services. In the bill it is not written on what basis charges were made. One time charges written Rs.410/-. Hungama games on demand written 01.02.17 Rs.70/-, hungama movies written Rs.170/-, again Hungama Movies on demand written Rs.170/- on 01.02.16. Whether it was downloaded or not, did not come out from the bills. BSNL could not prove it. Call was received by the daughter of the customer who is a B.A 1st Year student. She refused to take this service but when the caller stated that it was free of cost then she agreed. The daughter gave her Email ID and mobile number not the Email ID and phone number of the customer i.e, the petitioner. BSNL officials stated that Hungama services is given only on the consent of the subscriber. The subscriber in this case is Keya Debbarma. No written or verbal consent is taken from her. Her daughter can not give any consent on behalf of her. In Para 2 of the written statement it is stated that activation and deactivation of BSNL Hungama Services are done with the consent of the subscriber. It is renewed by tacit agreement subject to deactivation. Admittedly only on any agreement with the subscriber i.e., customer the activation could be done. Hungama Movies was provided as per written statement. But there is no proof of providing such services. Without providing services bill was given and consent of the subscriber was not taken. When the petitioner came to learn it she informed to the BSNL official on February after payment of subscription. But again bill given for payment of Rs.410/-. Without providing the services and without taking consent such bill was given and petitioner was harassed. Therefore, we have come to the conclusion that without any consent of the subscriber the services was provided and bill given. This is deficiency of service by the O.P. Petitioner therefore, is entitled to get compensation. Accordingly bot the points are decided.

         We therefore, direct the O.P. BSNL to refund the amount of Rs.343.87/- and Rs.410/- to the petitioner. For deficiency of service & harassment she is also entitled to get Rs.3,000/- as compensation. We direct BSNL to pay the compensation and refund the paid amount accordingly. Direction is to be followed within 2 months. 

Announced.

 

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

MT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA    SRI U. DAS
MEMBER,
  DISTRICT CONSUMER 
DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.