DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 27th day of December 2008.

Present : Smt. H. Seena, President

Smt. Bhanumathi.A.K. (Member)

C.C.No.42/2007

Hamza Kalithodi

S/o. Ahmedkutty Haji

10/373A

Kalithodi House

Kaipuram Post

Palakkad. - Complainant

(Advocate K. Dhananjayan)

V/s

The General Manager

Bharat Sanchar Nigsam Ltd

Palakkad - Opposite party

(Advocate )

O R D E R

By Smt. H. Seena, President

The case of the complainant in brief is as follows.

Complainant has applied for a BSNL Land line connection on 04/07/2001 at the BSNL Office at Pattambi. Complainant was issued a registration card on acceptance of his application and receipt of DD of Rs.500/-. Opposite party has not yet provided telephone connection to the Complainant. Apart from that his seniority was also superseded and violated by the opposite party. According to the complainant, the above said acts of the opposite party amounts to deficiency of service on their part.

Opposite party filed version with the following contentions. That complainant is bared by Sec 24 A of the Consumer Protection Act. Complainant has been filed after a lapse of more than 5 years and hence complaint is liable to be dismissed. Further the Opposite party contents that they were ready to release all telephone connections in that area including that of the complainants during March 2006. But the complainant address i.e, 10/373A, Kalithodi House was not traceable and as per Thiruvegapura panchayath records no such house is existing in Ward No.10 during March 2006.

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In the meantime he has submitted a request dated 26/05/2006 for an address change to 16/147, Near Oil Mill (Royal), P.O. Kaipuram to SDO, Pattambi. It is a rented house and 50 metres of underground cable has to be laid along the private property. Due to the non receipt of NOC (No Objection Certificate) from the owner of the property, the same could not be laid and the connection is delayed due to reasons beyond the control of Opposite party. If the complainant is really prepared to accept the connection, BSNL is ready to provide Wireless connection . The Opposite party prays that there is no deficiency and deliberate delay in the part of Opposite party.

Issues for consideration are:

1. Whether the complaint is time barred?

    

2. Whether there is deficiency of service on the part of the Opposite party ?

    

3. If so, what is the relief and cost?

Matter was heard.

Point No.1

The main contention of the Opposite party is that the complaint is time barred. Complainant has applied for telephone connection on 04/07/2001. Complainant has not been provided telephone connection. Complaint is seen to be filed on 16/03/2007. The reason stated by the complainant for the delay is that complainant was under the belief that the opposite party would provide telephone connection to the complainant without any delay. The explanation seems to be unsatisfactory. In Ext A1, letter dated 26.05.2006 for of change of address, not even a singe word is mentioned regarding delay in providing telephone connection. Under Section 24A of Consumer Protection Act, time limit for filing complaint is 2 years from the date on which the cause of action has arisen. After applying for connection a reasonable period can be awaited under the belief that

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connection will be provided. We find no merit in the statement of the complainant that, limitation does not arise because he was under the belief that Opposite party would provide connection without delay. No application for delay condonation is filed by the complainant. Hence we are of the view that the complaint is time barred. Without going to the merits of the case, complaint is dismissed.

Pronounced in the Open court on this the 27th day of December 2008.

President (SD)

Member (SD)

Exhibits marked on the side of the complainant

1. Ext A1 – Photocopy of the ration card of the complainant

2. Ext A2 – Photocopy of the Election identity card

3. Ext A3 – Bill for the receipt of DD for Rs.500/-

    

Exhibits marked on the side of the Opposite party

1. Ext B1 – Copy of the application for transfer filed by the complainant dated 26/05/2006.

Forwarded/By Order

Senior Superintendent