Tripura

West Tripura

CC/100/2015

Abdul Kayam Choudhury. - Complainant(s)

Versus

The General Manager, Telephone Department, BSNL Tripura & 1 another. - Opp.Party(s)

Self

20 Jun 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA  :  AGARTALA

CASE   NO:   CC- 100 of 2015

   Abdul  Kayam Choudhury,
   S/O- Afsuruddin Choudhury,
   Baldakhal, West Champamura,
   P.S. Bodhjungnagar, Khayerpur,
   Jirania, West Tripura.            ...….…...Complainant.

VERSUS

1. The General Manager(Telephone Department),
    BSNL Tripura, Kaman Chowmuhani, Agartala,
    West Tripura.

2. Accounts Officer(TR) (Telephone Department),
    Computer Generated Bill, BSNL Tripura,
    BSNL Tripura, Kaman Chowmuhani, Agartrala,
    West Tripura.                    ..............Opposite parties.

      __________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        : Complainant in person.

For the O.Ps                 : Smt. Kakali Deb,
                      Smt. Nibedita Datta,
                      Smt. Ananya Deb,
                      Advocates.
                
        JUDGMENT  DELIVERED  ON:  20.06.16

J U D G M E N T

        This case was filed by one Abdul Kayam Choudhury against the General Manager, BSNL. The gist of the complaint is that the BSNL advertised that there will be free night call from 1st May 2015 during the period from 9 PM to 7 AM. Accordingly petitioner made phone calls during that period but BSNL charged Rs.3395/- for this night call charge. Petitioner made contact with the BSNL. Requested the authority to waive the claim. Matter was informed to Permanent Lok Adalat for settlement but it was not settled. So, this case filed for getting redress.

2.        BSNL authority appeared, filed W.S denying the claim. It is stated that complainant was availing bill plan of 1540 till 16.05.15. Subsequently, it was  renamed w.e.f. 17.05.15. In this plan customer was to deposit Rs.1540/- as rent for one year for the land phone. On 14.01.2015 complainant applied for getting monthly billing system which enjoyed unlimited  calls during night call hours from BSNL. This facility was provided to him on 15.08.16. But earlier under the early plan, facility of free calling was not covered. So, the bill amount was claimed and it was Rs.3294/-. 1328.69 was adjusted as the petitioner prayed for new bill plan. The person under annual plan 1540 is not covered for unlimited free call during the night hours. Therefore, BSNL charged the amount. There is no deficiency of service and petition therefore is liable to be dismissed. 

3.        Petitioner produced the bill against free call during the period from 17.05.15 to 16.05.16, amount claimed Rs.3395/-. Payment due date written 27.07.16, bills of 26.09.15, 27.07.15, local call bills, newspaper, letters written to G.M, BSNL Telecom Division and also online advertisement by BSNL produced along with other bills. 
        
4.        O.P. on the other hand produced the telephone bill, notice to O.P., circular, authorization letter, examined one witness Samir Kr. Pal, authorized Officer of the BSNL. 

5.        On the basis of all these evidence we shall now determine the following points. 
        (I) Whether the free calling in the night  from 9PM to 7AM was available to the petitioner during the period from 17.05.15 to 16.05.16?
        (II) Whether there was deficiency of service by the BSNL and petitioner is entitled to get compensation?
    
6.        We have gone through the evidence given by both parties. Now we shall decide above the points.
            

Findings and decision:
        
7.        According to the O.P. as per circular of the BSNL No.03/15-16 dated 10.04.15 only under monthly plan holder consumer is exempted from payment of bill during night call from 9 PM to 7 AM. LL Annual Plan 1540 is not covered under the unlimited free call during night hours from BSNL. Complainant was under yearly scheme. So, free calling facility was not given to him. Complainant paid Rs.1540/- and no night call facility is available under that plan. Complainant applied for monthly plan on 14.08.15 and therefore, free call facility was given to him from that date. Petitioner was not aware about this circular.

8.        Petitioner produced on line advertisement given by the BSNL. In the advertisement it is clearly written that enjoy unlimited free night call from 9PM to 7AM from landline  Phones to any network (mobile/ landline) on all popular Landline (General/ special/ unlimited / combo Broad band) plan w.e.f. from 01.05.15. Hurry up to book land line connections. In the newspaper also it is written that all local and STD call during this period 9PM to 7AM  will be free from 01.05.15. Circular by BSNL was not known to general public. It was not published in the official gazette also. Circular 10.04.15 is not produced by the O.P. to support that only monthly plan holder can avail free call not others. Only General monthly plan holder enjoy unlimited free call was not advertised in the online or in the newspaper. Petitioner was under yearly plan earlier. So, he availed the free call and subsequently applied for monthly plan. From the evidence before us it is clear that free calling was available to all plan holders who have land phone but that facility should have given to the petitioner who had land phone. O.P. failed to produce the circular of the BSNL or to support that it was equally widely published. There is nothing before us to support the contention of the O.P. to negate the claim of the petitioner. 

9.        We are convinced that during the period from 06.05.15 to 30.06.16 the charge for consumption of phone was illegally charged by O.P. LL New Annual Plan was applied from 14.08.15 starting date given 14.08.15 to 16.05.16. If it is under new monthly plan so charge of bill with effect from 1st May 2015 from 9PM to 7AM was improper. Therefore, we direct BSNL not to impose such charge for the night call with effect from 1st May 2015. BSNL is directed to exempt the petitioner from payment of any night call bill from 9PM to 7AM from 1st May, 2015 as promised in advertisement.

10.        From the evidence before us and admission of BSNL it is established that there was some deficiency of service by the O.P.  They did not act as per their promise in the Net/online  advertisement. It is unfair trade practice. Therefore, petitioner is entitled to get compensation. Both the points are decided accordingly.
        
11.        In view of our findings over the two points this case is partly allowed. BSNL is directed to exempt the petitioner from payment of bill from 1st May, 2015 for (night call  9PM to 7AM). The amount already paid is to be refunded. BSNL is also directed to pay compensation of Rs.5000/- to the petitioner. The amount is to be paid within 2 months and refunded within 2 months. If not paid it will  carry interest @9% P.A. 
    
     Announced.

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