Orissa

Cuttak

CC/68/2020

Ramesh Chandra Das - Complainant(s)

Versus

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

D P Panda

28 Aug 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.68/2020

 

Ramesh Chandra Das,

S/o: Late Shri Ramesh Chandra Das,

(deceased original Petitioner),

At:UpperTelenga Bazar,

Near Post Office,P.O:Telenga Bazar,

P.S:Purighat,Cuttack-753009.                                      ... Complainant.

 

          Vrs.

 

1.        The General Manager,BSNL,

Door Sanchar Bhawan,Link Road,

P.O:Arunodaya Market,

                 P.S: Madhupatana,Cuttack-753012

 

2.        The SDO,PHONES-I,

At:CTO Compound, Howrah Motor Chhak,

                  P.O: Buxi Bazar,P.S:-Mangalabag,

                  Cuttck-753001.

 

 

Present:         Sri Debasish Nayak,President.

                      Sri SibanandaMohanty,Member.

 

Date of filing:    04.09.2020

Date of Order:  28.08.2023

 

For the complainant:           Mr. D.P.Panda,Adv. & Associates.

For the O.P No.1:                    Mr. D.Ray,Adv. & Associates.

For the O.P no.2:                                    None.

         

Sri Debasish Nayak,President                               

Case of the complainant as made out from the complaint petition in short is that initially the complainant Ramesh Chandra Das had filed the case and when he expired on 15.11.2020, thereafter his son Surajit Kumar Das was substituted as the complainant in this case.  They had a land line telephone connection since 1989 with Consumer No.0671-2519448 provided by the O.Ps to their residence.  The said land-line telephone was functioning well upto the Super-cyclone ‘Fani’ in the year 2019 but thereafter it created disturbances and since from the month of Octobober,2019 the telephone connection was completely disrupted which was not restored even though the complaint was lodged to that effect.  The complainant had paid the monthly bill amount of Rs.352/- for the months of October & November,2019 but the connection was not restored for which the complainant stopped paying the monthly bill for the months of December,2019 onwards.  Ultimately, being disgusted, the complainant on 8.5.2020 had made an application for closure/surrender of his land-line telephone connection which O.P no.2 had verified.  Then O.P no.2 had issued a bill to the complainant for a sum of Rs.300/- to be deposited against the total outstanding dues of Rs.2164/- and had assured the complainant for repairing the telephone connection immediately thereafter, O.P no.2 had also returned the application for closure/surrender of the land-line telephone connection as made by the complainant.  But the complainant objected to the said bill of Rs.300/- since because no service was provided to him by the O.Ps.  But with a hope that his land-line telephone connection will be restored soon after the deposit of Rs.300/-, the complainant made such deposit on 11.5.2020 but O.P no.2 had not restored the connection of the land line phone as provided to the complainant even if the complainant had spoken to him for about 5 to 6 times in that issue.  Due to the pandemic Covid-19, the complainant could not keep in contact with O.P no.2 but the monthly usual bills for May & June,2022 were provided to the complainant which were to the tune of Rs.721/-.  On 3.7.2020, the telephone linesman came to the house of the complainant and had restored his land-line connection.  When the complainant sent his son to the O.P. no.2 for waiving out the bill of Rs.721/-, O.P no.2 instead of waiving the same had issued a bill of Rs.300/- and instructed it to be deposited.  The matter was put-forth before the Telephone Adalat but the O.P no.2 forcibly made a charge of Rs.600/- from the complainant.  The complainant had sent notices to the O.Ps in this connection and ultimately when on the other hand the O.Ps claimed for an amount of Rs.1085/- from him he had to approach this Commission seeking direction to the O.Ps in order to waive out the illegal bill as levied by them upon the complainant for the months of May & June,2022 amounting to Rs.721/- and further to compensate the complainant also to the tune of Rs.10,000/- together with cost of his litigation to the tune of Rs.5000/-.

          Together with his complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       Out of the two O.Ps as arrayed in this case, having not preferred to contest this case the O.P no.2 has been set exparte vide order dated 24.4.2022.  However, O.P no.1 has contested this case and has filed his written version.  As per the written version of O.P no.1, the case of the complainant is not maintainable, the complainant has not approached this Commission with clean hands and has rather suppressed the material facts.  O.P no.1 admits about the land-line connection bearing No.0671-2519448 to have been provided to the residential address of the complainant.  He also admits about the disruption in the telephone service due to the super-cyclone ‘Fani’ and also due to the digging of the road by JICA for which the underground cable providing telephone connection to the residential house of the complainant and also to that vicinity was damaged severely.  The fault was repaired and restored for which rebate was given to the complainant from 4.2.2019 to 6.5.2020 as follows:

          (i) Bill for the period Decem er,2019             - Rs.352.82paise

          (ii) Bill for the period January,2020                - Rs.364.62paise

          (iii) Bill for the period February,2020             - Rs.352.00paise

          (iv) Bill for the period March,2020                 - Rs.376.42paise

          (v)  Bill for the period April,2020                    - Rs.352.82paise

          (vi) Bill for the period May,2020                     - Rs.364.62paise

                                                                    Total:        Rs.2164.00paise

                                                          Rebate(-):      Rs.1864.00paise

                                              Balance Rs.300.00paise has been charges

It is for this; the complainant was asked to pay a sum of Rs.300/- only which he had also paid on 11.5.2020. 

Again, due to the lock down for Covid-19 pandemic rebates were also given to the complainant for the months of oJune,2020 and July,2020 which are as follows:

1. Bill for the period June,2020             - Rs.364.62paise
2. Bill for the period January,2020      - Rs.352.82paise

                                                Total: Rs.721.00paise

                                                              Rebate(-)  : Rs 421.00paise

                                              Balance Rs.300.00paise has been charges.

Accordingly, the complainant was charged for a sum of Rs.300/- only for the months of June & July,2020.  The outstanding bill of Rs.1085/- for the months of August,2020 has been settled by way of rebate and only a sum of Rs.388/- for the months of June is pending against the complainant.  Due to the super-cyclone and the widening of the road and also due to the JICA project works the BSNL had suffered huge damages.  Thus, it is prayed by the O.P no.1 to dismiss the complaint petition of the complainant which according to him is devoid of any merit.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.P no.1, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

                      i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps and if the O.Ps have practised any unfair trade?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.II.

Out of the three issues, issue no.ii  being the pertinent issue is taken up  first for consideration here in this case.

After going through the averments as made in the complaint petition, The contents of the written version as filed, the written notes of submissions from either sides and also after perusing the copies of documents as available, it is noticed that infact the complainant was provided with land-line telephone connection bearing Consumer No.0671-2519448 with Customer ID No.3000846506 and Account No.8000846999.  It is also not in dispute that the said telephone land-line connection was disrupted due to the super-cyclone ‘Fani’ and also due to the JICA work at the vicinity of the residential house of the complainant.  For the said reason, as per the grievance petition of the complainant, the Telephone Adalat had provided rebates to the complainant upon the bills which were raised from the months of December,2019 to May,2020.  The bills in total were charged of Rs.2164/- out of which the rebate was deducted to the tune of Rs.1864/- and only the balance amount of Rs.300/- was charged from the complainant which the complainant had duly paid as well evident vide Annexures-1 & 2.  Subsequently, again when dispute arose as because the complainant was charged bills for the months of June & July,2020 for a sum of Rs.721/-, rebate was given to the tune of Rs.421/- by the Telephone Adalat and the complainant was supposed to pay a sum of Rs.300/- only.  The complainant having disputed to pay the said amount has knocked the door of this Commission.  The disruption of the telephone connection due to the super-cyclone ‘Fani’ can undoubtedly be termed as “Vis, Naturalis or Vis Major Damnum Fatala” which is the Act of God.  For the said reason admittedly, there was disruption in telephone connection to many places including the vicinity where the complainant resides.  The widening of the road and the digging of the road by JICA project workers is not within the control of BSNL authorities and by virtue of such widening of the road, digging of the road by JICA authorities, admittedly the land-line cable of the BSNL was severely damaged.  It is for this, taking into consideration the grievance of the complainant, the Telephone Adalat had provided rebate to the tune of Rs.421/- out of the levied amount of Rs.721/- towards the bill for the months of June and July,2020 from the complainant.  Thus, the complainant had to pay a sum of Rs.300/- only for the said two months.

As it appears that the complainant is continuing to avail the services of the O.Ps by retaining the land-line telephone connection as provided by the O.Ps to him.  Though he has alleged that initially the complainant had applied for closure/surrender of the land-line connection as provided to their residential house, according to them, the O.P no.2 had returned such application to them but there is no scrap of document to that effect in order to apprise this Commission that if the complainant was not in a mood to continue with the land-line connection as provided by the  O.Ps to his residential house but it was O.P no.2 who had persuaded or rather had forced them to continue availing the said services.  In absence of such documents, it can be construed that such allegation as made by the complainant appears to be vague.  Rather, the complainant is desirous to avail the services of the land-line telephone facility but is unwilling to pay for the discounted bill.  This Commission also after going through the facts and circumstances of the case, is of a opinion that the O.Ps can never be said to be deficient in their service in any manner nor that they had practised any unfair trade.  Accordingly, this issue goes against the complainant of this case.

Issues no.i& iii.

          From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to any of the reliefs as claimed by him.

                                                          ORDER

          Case of the complainant is dismissed on contest against the O.P No.1 & exparte against O.P no.2 and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 28^thday of   August,2023 under the seal and signature of this Commission.         

                                                                                       Sri Debasish Nayak

                                                                                              President

                     

                                                                                              Sri Sibananda Mohanty

                                                                                                        Member