Date of filing : 27-07-2012
Date of Disposal : 22-02-2013
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTAPUR.
PRESENT: - Sri S.Niranjan Babu, B.A., B.L., President (FAC).
Smt. M.Sreelatha, B.A., B.L., Lady Member
Friday, the 22nd day of February, 2013
C.C.NO.40/2012
Between:
William D.Hoops
S/o Thomas Howard Hoops
School Teacher (Rtd.,)
r/o Sai Bhanu Residency,
Apartment C-2, Near RVJ Kalyan
Mandapam, Main Road,
Puttaparthi – 515 134
Anantapur District. … Complainant.
Vs.
Bharat Sanchar Nigam Limited (BSNL)
Anantapur Telecom District, rep. by
General Manager, Telecom District,
CRS, ADCC Bank Compound,
Post Office Compound,
Subash Road
Anantapur – 515 001. …. Opposite party
This case coming on this day for final hearing before us in the presence of the complainant in person and Sri K.Lakshmana Char, Advocate for the opposite party and after perusing the material papers on record and after hearing the arguments on the both sides, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, Preisdent (FAC): - This complaint has been filed by the complainant under sections 11 & 12 of Consumer Protection Act, 1986 against the opposite party claiming a sum of Rs.2,000/- which was paid as security deposit, Rs.10,000/- towards physical and mental agony and also award costs of the complaint.
2. The brief facts of the complaint are that: - The complainant is a resident of Puttaparthy, Anantapur District. The complainant had telephone connection from the Bharath Sanchar Nigam Ltd., (BSNL) by depositing a sum of Rs.2,000/- as security deposit for the telephone connection from July, 2008 under original receipt dt.25-07-2008. Subsequently he made an application for Broadband Service from BSNL, Puttaparthy. For that purpose he purchased Modem independently for a sum of Rs.1,664/- on 20-06-2010. A representative from BSNLcontacted through telephone regarding installation of Broadband Connection. As there was some delay in installing Broadband connection, the complainant preferred to cancel the application dt.28-06-2010. Telephone bill was received by the complainant for the period from 01-05-2010 to 30-06-2010 on 06-07-2010 containing bill for installation of Broadband charges. The bill contained Rs.500/- as charges for installation of Broadband connection. But as per concession provided by the BSNL there was a waiver of Broadband Installation Charges irrespective of the Modem having been taken on monthly rental basis from BSNL or purchased by the customer on his own to prospective customer with effect from 19-06-2010 to 31-07-2010 for promotion of Broadband Services of BSNL. But BSNL never installed Broadband Services at the complainant’s home. At the time of applying for Broadband Service, the complainant preferred for Rs.250/- per month in choice of tariff plan. But whereas the telephone bill for the period of 01-05-2010 to 30-06-2010 BSNL charged a sum of Rs.750/- for Broadband connection. But as the complainant never used Broadband Service during this period, because on 28-06-2010 the complainant made an application for cancellation of Broadband Service. The complainant once again while preparing to apply for BSNL Broadband Service, he came to know that if the subscriber joins/leave in the middle of month fixed monthly charges for unlimited Broadband plans shall be calculated on proportionate basis i.e. actual number of days of connection working subject to the commitment of minimum period of hire. As stated earlier, that no one from BSNL contacted the complainant about installing Broadband Service at his home on 28-06-2010 assuming BSNL has made installation on the same day, the complainant has received only 3 days of Broadband Service for which the BSNL had charged Rs.750/- in telephone bill in violation of it’s stated policy prorating the first months bill. On 20-07-2010 the complainant received telephone bill for the period from 01-05-2010 to 30-06-2010 containing fraudulent charges related to application for Broadband Service, which was addressed to BSNL, Puttaparthy requested to disconnect telephone services on 31-07-2010.But the BSNL employee at the Customer Service Centre refused to accept the complainant’s letter and gave form of voluntary closure of telephone connection which he submitted on 20-07-2010. Hence the complainant deliberately with held the payment for the last telephone bill for the period 01-05-2010 to 30-06-2010, because it contained fraudulent charges. On 26-07-2010 after repeated fruitless trips to the BSNL office seeking to correct the telephone bill, they advised to give a letter which he submitted in the office and further as seen from the back side of the telephone bill in para 10, which clearly states that “refund of security deposit for providing telephone service to be made within sixty days of closure of telephone connection, otherwise eligible for interest at the rate of 10% . The complainant wrote 3 letters to the BSNL for which there was no reply. Later the complainant addressed a letter to the General Manager (Grievances) at BSNL, Puttaparthi, which was returned. On 15-12-2010 the complainant received a notice from BSNL dt.28-09-2010 stating the complainant has to handover the instrument to the BSNL staff under receipt. Further the complainant made a reply to the BSNL dt.08-01-2011 explaining that the complainant was never issued an instrument and requested the BSNL Authorities to send corrected bill and refund the balance due on the security deposit for that also there is no reply from the opposite party. Subsequently the complainant sent a registered letter to the BSNL at Anantapur dt.02-06-2012 that the complainant had intended to file a case against BSNl in Anantapur District Consumer Disputes Redressal Forum for which e-mail reply was received on 04-06-2012 from the Accounts Officer stating that the total amount of Rs.993/- was adjusted from the security deposit of Rs.2,000/- and an amount of Rs.1,007/- will be paid very shortly. But as on the date of complaint the complainant had not received any refund of amount from the BSNL. Hence, the complainant filed this complaint.
3. The opposite party filed a counter stating that it is true that the complainant deposited a sum of Rs.2,000/- for Landline telephone and further the complainant also applied for Broadband connection on 17-06-2010. It is also true that the complainant made an application to cancel Broadband connection on 28-06-2010. The opposite party submits that a bill was made on 06-07-2010 to pay a sum of Rs.1,986/- for Modem but as the complainant preferred for his won Modem, the same was subsequently withdrawn. As the complainant did not purchase Modem from BSNL an amount of Rs.1,664/- claimed by the complainant towards purchase of Modem can not be compensated as the complainant himself purchased the Modem from outside. Further the opposite party submits that the claim made by the complainant for mental and physical agony is highly excessive. Further the opposite party submits that the complainant did not pay an amount of Rs.236/- under bill dt.06-08-2010 and another amount of Rs.616/- due under bill dt.06-10-2010. The opposite party submits that they are ready to pay the balance amount after deducting the above said bill amounts from the security deposit of Rs.2,000/- and further submits that they have sent a Regd. Post which contains a cheque for a sum of Rs.1007/- towards refund of security deposit and the same was returned with an endorsement addressee left without any instructions. Further the opposite party submits that as stated above they are ready to return the amount of Rs.1,148/- to the complainant.
4. Basing on the above pleadings, the points that arise for consideration are:-
1. Whether there is deficiency of service on the part of the opposite party ?
2. To what relief?
5. On behalf of the complainant, evidence on affidavit has been filed and marked Ex.A1 to A24 documents on his behalf. On behalf of the opposite party, evidence on affidavit of the opposite party has been filed and no documents are marked on behalf of the opposite party.
6. Heard on both sides.
7. POINT NO.1: - It is an admitted fact that the complainant has taken Landline Telephone Connection by depositing a sum of Rs.2,000/-. Subsequently, the complainant applied for Broadband Services from the BSNL and made application to BSNL. As there was some delay in installation of Broadband Services to the complainant, the complainant made an application for cancellation of the Broadband connection. After that the complainant received a telephone bill in which a sum of Rs.750/- was charged towards Broadband service charges. As seen from the documents submitted by the complainant, the complainant has opted for Rs.250/- tariff plan but whereas the opposite party has charged a sum of Rs.750/- towards Broadband charges. It clearly shows that BSNL has over-billed the complainant.
8. Further the complainant says that the opposite party has not at all installed Broadband Services assuming that the opposite party has connected Broadband Services, the same was only for a period of 3 days of Broadband Services for which BSNL has charged Rs.750/- in violation of the stated policy prorating first months bill. Subsequently on 20-07-2010 the complainant presented a letter to BSNL requesting to disconnect his telephone connection on 31-07-2010. As the BSNL has wrongly billed the complainant himself deliberately withheld the payment for the last telephone bill for the period 01-05-2010 to 30-06-2010 as the security deposit of Rs.2,000/- is lying at the opposite party’s hand. Further between July, 2010 – July, 2012 the complainant had sent two emails and 8 letters to various offices of BSNL in Puttaparthi, Anantapur, Hyderabad requesting to correct his bill and refund the balance due from security deposit. But there was no reply from the opposite party. The complainant also argued that the refund of security deposit for providing telephone services to be made within 60 days of closure of telephone connection, otherwise he is eligible for interest at the rate of 10% on the security deposit. The counsel for the opposite party argued that the complainant has applied for Broadband internet connection on 17-06-2010 and subsequently made an application of cancellation on 28-06-2010 and the complainant himself has purchased the Modem for a sum of Rs.1664/- from outside, which is lying with the complainant himself. Admittedly as the complainant purchased the modem from outside and as the same is with the complainant he cannot claim for the same. Hence a sum of Rs.1664/- can not be claimed by the complainant.
9. The counsel for the opposite party argued that they have sent a cheque for a sum of Rs.1007/- after deducting the bill amount of Rs.236/- dt.06-08-2010 and bill amount of Rs.616/- dt.06-10-2010 but the opposite party could not substantiate his version of arguments with evidence. Hence the arguments of the opposite party can not be taken into consideration. As the complainant has preferred for tariff plan of Rs.250/- it is the duty of the opposite party to allot tariff plan of Rs.250/- only and the opposite party can not charge a sum of Rs.750/- tariff plan charges. Hence the opposite party can charge only Rs.250/- tariff plan and that too for a short period of 2 to 3 days as per BSNL Website information. Hence the opposite party was not only negligent in refunding the security deposit of the complainant but also committed a mistake by charging Rs.750/- tariff plan though the complainant has opted for Rs.250/- tariff plan.
10. The negligent attitude of the BSNL Staff has caused much mental agony to the complainant and made him repeatedly go round to the office of BSNl by wasting his precious time and money. In the above circumstances, we have no hesitation to hold the opposite party liable for misery caused to the complainant and hence we are convinced that the opposite party is liable to pay the compensation for the negligence and the deficiency of service to the complainant. The complainant has also incurred expenditure for filing this complaint and spent a lot of time for which the opposite party is also liable. Hence, we are of the view that the opposite party is liable to pay the compensation of Rs.10,000/- to the complainant for the physical, emotional and mental agony towards deficiency of service and also to pay the balance amount after deducting bills due to the opposite party from the security deposit amount of Rs.2,000/- with interest. And further the opposite party is liable to pay the costs of the complaint.
11. POINT No.2 – In the result, the complaint is allowed by directing the opposite party to pay to the complainant the balance amount due after deducting the bill amounts due by the complainant from the security deposit of Rs.2000/- with interest @ 10% p.a. from the date of cancellation of connection till the date of realization and also to pay a sum of Rs.10,000/- towards mental agony with costs of Rs.1000/- within one month from the date of this order.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 22nd day of February, 2013.
Sd/- Sd/-
MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT: ON BEHALF OF THE OPPOISITE PARTY
-NIL- - NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
- Ex.A1 - Photo copy of Form of New Telephone Connection dt.25-07-2008.
- Ex.A2 - Original Receipt dt.25-07-2008 for Rs.2,000/- issued by the opposite
Party.
- Ex.A3 - Computer printout of complainant edited journal related to BSNL
Dishonest practices dt.12-08-2005.
- Ex.A4 - Computer print out of letter from complainant to Public Grievance Cell,
BSNL, Hyderabad dt.18-11-2005.
- Ex.A5 - Photocopy of application for Broadband Service (Dataone) submitted
by the complainant to the opposite party dt.17-06-2010.
6. Ex.A6 - Computer printout of letter canceling application for Broadband service
from complainant to BSNL dt.28-06-2010.
7. Ex.A7 - Original telephone bill for period May 1st – June 30,2010 issued by
BSNL to the complainant dt.06-07-2010.
8. Ex.A8 - Computer printout of letter requesting cancellation of telephone
Service, from complainant to BSNL dt.20-07-2010.
9. Ex.A9 - Photo copy of Form of Voluntary Closure of Telephone Connection
Submitted by complainant to BSNL dt.20-07-2010.
10. Ex.A10- Computer printout of letter requesting corrected telephone bill from
Complainant to BSNL, Puttaparthi dt.27-07-2010.
11. Ex.A11 - Original back side of BSNL telephone bill dt.06-11-2009.
12. Ex.A12 - Original of first of three letters requesting corrected telephone bill
And refund of balance due from security deposit from complainant
to BSNL, Puttaparthy dt.21-08-2010.
13. Ex.A13 - Original exterior of envelope from complainant to BSNL, General
Manager (Grievance), Puttaparthy dt.21-08-2010.
14. Ex.A14 - Original notice from BSNL to complainant dt.28-09-2010.
15. Ex.A15 - Computer printout of letter explaining error in notice requesting
Corrected bill and refund of balance due from complainant to
BSNL,Anantapur dt.08-01-2011.
16. Ex.A16 - Computer print out of Registered letter notifying BSNl intention of
Filing complaint against BSNl dt.02-06-2012.
17. Ex.A17 - Computer print out of e-mail confirming and promising to refund
Balance due from security deposit from BSNL,Anantapur to the
Complainant dt.04-06-2012.
18. Ex.A18 - Computer printout of e-mail notifying BSNL had not received
Refund from security deposit , from complainant to BSNL,Anantapur
Dt.02-07-2012.
19. Ex.A19 - Original receipts for registered letters from complainant to various
Offices of BSNL.
20. Ex.A20 - Photo copy of Demand draft dt.26-07-2010 for filing complaint.
21. Ex.A21 - Original Receipt dt.26-07-2012 for making photo copies of
Documents.
22. Ex.A22 - Tax invoice dt.04-11-2009 for Rs.1664/- for purchase of modem
Issued by Devraj InfoTech Pvt. Ltd., Bangalore.
23. Ex.A23 - Original Bill dt.27-07-2012 for making photo copies of documents.
24. Ex.A24 - Computer print out of summary of all expenses caused by BSNL
to the complainant.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY
- NIL -
Sd/- Sd/-
MEMBER, PRESIDENT (FAC),
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR.
Typed by JPNN
