BEFORE THE DIST.CONSUMER DISPUTES REDRESSAL FORUM, KHURDA, BHUBANESWAR:
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C.D.CASE NO.16/ 2015
Sri Kirtan Chandra Parida,
Aged about 53 years,
S/o Late Naran Parida,
At present : Plot No.4421/ 6858
Jharana Sahi, PO: Badagada Brit Colony,
PS: Badagada, Bhubaneswar – 751018
Dist : Khordha
…. Complainant
-Vrs.-
1. Sr. General Manager, B.S.N.L,
Bhubaneswar Telecom District,
Door Sanchar Bhawan, Unit – IX,
Bhubaneswar – 22.
2. S.D.O., B.S.N.L.,
BJB Nagar, Bhubaneswar -14,
PS: Badagada, Dist : Khordha
3. Accounts Officer (TR-III), B.S.N.L.,
Office of Sr.General Manager, Telecom
Door Sanchar Bhawan, Bhubaneswar – 22.
…. Opp. Parties
For the complainant … Sri K.C.Prusty
For the O.Ps … Exparte
Date of filing : 17/01/2015
Date of disposal : 07/05/2018
EXPARTE ORDER: DATED: 07/05/2018
MR.B.R.SWAIN, MEMBER :
1. The case has been filed by the complainant U/s 12 of the C.P.Act, 1986 to direct the OPs to restore the telephone line along with internet connection, to refund / adjust the amount paid against the bill illegally raised by the OPs, pay compensation and other consequential relief.
2. The brief fact of the case is that the complainant having a telephone connection bearing No.0674-2381243 with broad band facility provided by the OPs. Many of the times the telephone line as well as the internet connection were not functioning. Several intimations were made along with written complaint by the complainant before the OPs for restoration of the same but no action has been taken by the OPs to overcome the problem permanently. Hence alleging deficiency in service on the part of the OPs, the case is filed with prayer stated at Para – 1 above.
3. The OPs, after filing written version, having remained absent, have been set exparte and exparte hearing was taken up.
4. It is submitted by the learned counsel for the complainant that due to mal-functioning of the telephone and internet connection on many occasions, the complainant is facing a lot of problem. The complainant approached so many times to the Customer Care Department of B.S.N.L situated at BJB Nagar, Bhubaneswar, regarding this matter but no action has been taken up. The complainant has also submitted written complaint on dated 22/04/2013, 05/10/2013, 25/12/2013 and 23/01/2014. Due to the non response of the above valid communications by the OPs, the complainant served registered legal notice on dated 02/06/2014 claiming compensation and due service to which also there was no positive response. It is also submitted by the learned counsel for the complainant that the complainant has been paying the telephone bills in each and every month before the due date. Despite of interrupted service, the OPs raised the bills illegally which the complainant has paid without availing any benefit out of the service, hence sustained both financial and mental loss.
5. The above submission with maternal facts averred in the complaint petition in shape of affidavit remained unchallenged & un-controverted as the OPs took no step to contest the case.
6. It appears from the record that the complainant has made several written complaints before the OPs in many occasions for the problem free service to the telephone connection. On carefully scrutinizing the documents on record, we find that though the OPs after receipt of the order dated 07/07/2015, restored the connection of the said telephone line bearing No.0674- 2381243 but it was again disconnected. The OPs have also not contested the case and remained absent so as to enable us to ascertain why they had not restored the said telephone connection till date, which in our considered opinion, amounts to deficiency in service. Hence it is ordered that :-
ORDER
The complaint is hereby allowed exparte against the OPs with cost. The OPs are hereby directed to restore the telephone line/ connection bearing No.0674-2381243 along with current existing internet plan and to refund / adjust the amount already paid by the complainant, if any, against the future bills. The OPs are further liable to pay Rs.5,000/- as compensation for mental agony and harassment and Rs.2000/- towards cost of litigation to the complainant. The order is to be complied with by the OPs within a period of one month from the date of communication, failing which the complainant shall be at liberty to execute the same against the OPs in accordance with law.
The order is pronounced on this day the 7th May, 2018 in the open Forum under the seal & signature of the Forum.
(MR.B.R.SWAIN)
MEMBER
Dictated & corrected by me
Member
I agree I agree
Member (W) President
Transcribed by Smt.M.Kanungo, Sr.Steno :
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