District Consumer Forum, Bokaro.
Complaint Case No. 17 of 2008
Shri Markandey Prasad s/o late Ram Mangal Prasad Singh
R/o Qr. No.-1074, Sector-12/F, Bokaro Steel City
Dist.- Bokaro.
Versus
1. Deputy General Manager, BSNL, B.S.City.
Bokaro, Dist.- Bokaro.
2. Account Officer (TRA) BSNL, Bokaro
Bokaro Steel City, Dist.- Bokaro.
Before-
S.M.Alam, President
Vijay Bahadur Singh, Member
Shabnam Praveen, Member
Date of Judgment-: 14 February 2009
Date of case filing-: 26, February, 2008
-: Judgment:-
The Complainant has filed this case against the opposite parties and sought direction of this Forum to rectify the Telephone bill dated 18.05.2005, 18.07.2005 and 18.11.2005 of complainant’s Telephone No. 256248 to exempt rental bill since 01.01.2006 till restoration of connection, restoration of Telephone connection No. 256248 besides compensation of Rs. 10000/- and cost of litigation of Rs. 5000/- to the complainant.
2 Brief facts of the case is that the complainant is subscriber of Telephone No. 256248 and after said connection he was regularly paying Telephone bill to the opposite parties which was to the tune of Rs. 2000/- monthly. But the bill dated 18.05.2005, 18.07.2005 and 18.11.2005 were inflated and defective and as such those bills were not cleared by the complainant. The complainant several times requested the opposite parties for rectification of the aforesaid 3 bills but not heed was given by the opposite parties to the request of the complainant. The opposite party in stead of rectifying the aforesaid bills sent two notices directing to the complainant to deposit the amount of aforesaid 3 bills but complainant did not pay, hence the opposite party disconnected the Telephone of the complainant. According to the complainant this act of the opposite parties come under the purview of Consumer Act as there has been deficiency and negligency in service on the part of the opposite party and opposite parties are liable to pay compensation etc to the complainant.
3 After issuance of notices, the opposite parties appeared and filed their written statement stating there in that the claim of the complainant is not maintainable in as much as the present case is also time barred. The complainant has not paid the three bills as a consequent the Telephone connection of the complainant was disconnected. The complainant has filed the present case to avoid payment of 3 bills which is not inflated rather correct. There is no deficiency in service on the part of the opposite parties, as such the opposite parties will not be held to pay any compensation to the complainant and the present case is fit to be dismissed.
4 Heard both the parties and perused the case records and documents filed by them. It is observed that the complainant has disputed the bills date 18.05.2005 for Rs. 13386/-, bill dated 18.07.2005 for Rs. 5775/- and bill dated 18.11.2005 for Rs. 6049/- in respect of his Telephone No. 256248, copies of these bills have been filed in the records. Copy of a hand written bill dated 18.03.2005 for Rs. 3681/- in respect of the Telephone number in question is also available in the case records. It is found that the opposite parties have not submitted any call details pertaining to Telephone Number in question for the disputed bill dates period in support of its defense.
5 In view of the above we have arrived at the conclusion that the disputed bills dated18.05.2005 for Rs. 13386/-, bill dated 18.07.2005 for Rs. 5775/- and bill dated 18.11.2005 for Rs. 6049/- are inflated one in comparison to bill date 18.03.2005 for Rs. 3681/- only. The opposite parties failed to correct the disputed bills of the complainant against his request and finally the complainant’s Telephone was disconnected in January, 2006. We, therefore, hold the opposite parties negligent and deficient in service towards the complainant and as such they held liable to pay relief to the complainant.
6 Under the facts and circumstances of the case, the opposite parties are directed to rectify the disputed bills dated18.05.2005 for Rs. 13386/-, bill dated 18.07.2005 for Rs. 5775/- and bill dated 18.11.2005 for Rs. 6049/- at par with bill dated 18.03.2005 for Rs. 3681/- in respect of Telephone No. 256248 only and to reissue rectified bills to the complainant within 30 days from the date of this order. These opposite parties are further directed to restore the Telephone connection of the complainant within one week from the date of payment of the rectified bills by him and to exempt the rental bills from the date of disconnection to date of its restoration. The above opposite parties are also directed to pay Rs. 500/- (Rupees five hundred) only as compensation to the complainant within 30 days from the date of this order.
Member (lady) Member President