Orissa

Cuttak

CC/123/2015

Jatindra Kumar Nayak - Complainant(s)

Versus

The Secretary,Department of Telecommunication,Govt Of India - Opp.Party(s)

J K Nayak

18 Jan 2017

ORDER

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

C.C No.123/2015

 

Sri Jatindra Kumar Nayak,

At:Bidanasi,PO:Abhinab Bidanasi,

P.S:Bidanasi,Dist:Cuttack.                                                               … Complainant.

 

Vrs.

1.        The Secretary,Department of Tele-

Communication,Govt. of India,

At/PO:Central Secretariat,New Delhi,India..

 

2.        General Manager,Bharat Sanchar

Nigam Ltd.,At:Link Road,

P.S:Madhupatna,Town/Dist:Cuttack.

 

3.        Sub-Divisional Officer,

Bharat Sanchar Nigam Ltd., Sub-Division-IV,

At:Markatnagar,PO:Abhinab Bidanasi,

P.S:Markatnagar,Dist:Cuttack.                                                              … Opp. Parties.

 

Present: Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    03.02.2016

Date of Order:  16.01.2017

 

For the complainant  :    Sri J.K.Nayak,Advocate & Associates.

For the O.P No.1.        :   Sri C.M.Singh,Adv. & Assoiciates.

For the O.P No.2 & 3:     Sri S.N.Nayak,SDE(Legal),BSNL,Cuttack.

 

Smt. Sarmistha Nath,Member(W).

 

                The complaint is against deficiency in service on the part of O.Ps.

1. Shortly the complaint is that the land telephone line of the complainant was out of order since 21.5.2015.  He intimated the matter to concerned authority and since the line was not restored till 10.06.2016 the complainant lodged a written complaint to O.P No.3.  The complainant received the telephone bills subsequently and came to know that the bill for the entire month is given despite of the provision that the bill should be proportionately reduced for the days for which the telephone was out of order.

Since the telephone service is an essential service, he has filed a suit with this Hon’ble Forum and has prayed for a compensation of Rs.4.00 lakhs.

2. The O.P.1 vide their written brief dt.4.3.2016 has prayed this Forum to delete O.P No.1 i.e. Secretary,Ministiry of Telecommunication, New Delhi from array of O.Ps since O.P No.1 has never provided any service to the complainant in any manner in this case.  The O.Ps (2 & 3) vide their written brief dt.16.3.16 have admitted that the complainant is a land line BSNL consumer having telephone No.0671-2504162.  The complaint was regarding disorder of telephone connection from 21.5.2015 to 12.06.2015 and claims by the complainant regarding discount for the period for which the telephone was not in order.  They have also intimated that necessary discount has been provided to the customer from the current bill and the line is restored promptly.
3. We have gone through the case in details and heard the advocates, although the complainant has not participated in the hearing.  We have heard the advocates, perused the documents papers as filed by the complainant as well as by the O.Ps and we have observed that  the land line telephone of the complainant was out of order for the period from 21.5.2015 to 12.06.2015 for about 23 days.  Although claims relating to discount for the disorder period has been provided from the current bills and the telephone connection is restored, the fact that the telephone line was restored after about 23 days from the date of complaint which appears as a longer period.
4. Basing on the facts and circumstances as stated above, we allow the case against O.Ps.

        ORDER

 O.Ps(2 & 3) will pay a sum of Rs.1000/- (Rupees one thousand) only to the complainant as compensation towards  negligence of service such payment shall be made within 45 days of receipt of this order failing which the complainant can take shelter under this Forum under C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 18^th   day of January,2017  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                     Member (W)                                                                                                                                                                                                                                                                                                                                 (Sri D.C.Barik)

                                                                                                         President.

                                                                                           

                                                                                                      (Sri B.N.Tripathy )

                                                                                                        Member