DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM

       Dated this the 30^th day of December, 2023                                                                                                

                          Filed on: 24/10/2018

PRESENT

Shri.D.B.Binu                                                                          President

Shri.V.Ramachandran                                                              Member

Smt.Sreevidhia.T.N                                                                 Member                                                        

CC NO. 445/2018

Between

COMPLAINANT

Basil Peter Pullanatt, S/o. Pullanatt Rockery Peru, Pullanatt House, Keltron Ferry Road, South Kumbalanfhi P.O., Kochi 682007. Employed as Port Control Superintendent, P.O. Box No. 369, PC 211, Salalah, Sultanate of Oman. Rep. by POA holder K.J. Sebastine, S/o. Joseph, Kuruppassery House, Kumbalanghi P.O., Kochi 682007.

(Rep. by Adv. K.L. Joseph, Thevara Junction, MG Road, Ernakulam 682015)

VS

OPPOSITE PARTY

1. Sub Divisional Engineer, Phones (Group), Kumbalanghi, Kochi 682007.
2. General Manager, Telecom, Bharat Sangar Nigam Limited, Kalathiparambil Road, Kochi 682016.

(Rep. by Adv. Latha Prabhakaran, 3^rd Floor, Metro Plaza, Market Road, Ernakulam)

FINAL ORDER

Sreevidhia T.N., Member:

1. A brief statement of facts of this complaint is as stated below:

The complainant is an ex service man, permanently residing at Kumbalangi Ernakulam. Since the complainant was working abroad he has executed a special power of attorney on 25-07-2018 in favour of Mr. K J Sebastian. The complainant had applied for telephone connection to his house on 27-12-1991.Telephone connection was provided by the opposite parties on 09-03-1994 .Telephone no. of the complainant was 2240150.The complainant was regularly paying the bills for 15 years without any default. The telephone connection of the complainant was disconnected on 23-10-2009 due to non-payment of bills. After effecting payment reconnection was given on 17-04-2010.Again the telephone connection was disconnected for non-payment of bills on 29-05-2010.The non-payment of the bills was due to the absence of the complainant in his residence. There was frequent complaints in the telephone connection and on many occasions the telephone was not working. Therefore on 07-07-2012 the complainant submitted an application to the office of BSNL Thoppumpady for closure of telephone connection, after paying all the dues. On the same day itself the instrument was also handed over to the first opposite party. The complainant had received a demand notice dated 06-01-2016 from the Deputy Tahsildar directing to pay a sum of Rs.1462. A similar notice also received by the complainant directing to pay a sum of Rs.1564.The complainant had paid Rs.150/- to the village officer towards CC and batta. The complainant had also paid Rs.1052/- to BSNL. Thereafter the complainant received another notice requesting to pay Rs.1,564/- from RR adalath to pay arrears of Rs.1462. The complainant had received reply under RTI act from BSNL authorities stating that the disputed telephone was closed on 08-07-2012. At the time of disconnection of the phone on 07-07-2012 the opposite parties had never intimated the complainant that any amount is due from the complainant. The complainant states that due to the deficiency in service of the opposite parties, the complainant had suffered a loss of Rs.1202 which he was forced to pay under RR proceedings initiated by the opposite parties. Hence the complainant approached the Commission seeking orders directing the opposite party to return a sum of Rs.1202 with 12% interest from the date of payment till realization along  with a compensation of Rs.10,000/-, Rs.5000 towards cost of proceedings from the opposite parties.

2. Notice :

When the matter was taken on file, notices were issued to the op no. 1 and 2 from this Commission. Upon notice the o.p party no. 1 and 2 appeared and filed their joined version.

3. Version

The telephone connection was provided to the complainant on 9-3-1994.The telephone no. 0484-2240150 of the complainant was disconnected for non payment of bills on 29-05-2012 and permanently closed on 08-07-2012. According to the complainant, request for closure of telephone connection was submitted after clearing the arrears towards telephone bills on 07-07-2012 in the customer service centre Thoppumpady. Due to oversight two revenue recovery requests were issued on 12-11-2014 and 12-03-2015 respectively. When it was found that 2 revenue recovery requests were sent by mistake, one of the revenue recovery requests were cancelled and letter issued to Tahsildar Revenue Recovery, Kochi Taluk and Village officer Kumbalangi for cancelling one request.

As per the receipt attached by the complainant he has paid the dues of Rs.1052 on 22-08-2016 ,but it was only after the receipt of the revenue recovery notice. But it was not updated in the system due to technical error. Since the payment was not found to be made, notice for attending revenue recovery adalath conducted by special Tahsildar, Kochi was sent to the complainant Rs.1,202/- paid by the complainant (Rs.1052 is the BSNL dues and Rs.150 is charges due for the revenue recovery authorities) is due and legitimate or both the organizations. The action of BSNL was only routine and not causing any loss to the complainant. RR is a measure taken by BSNL for realizing the dues .For the RTI request given by the complainant dated 14-03-2018 , reply was sent on 20-03-2018.For the appeal on RTI dated 27-03-2018, reply was given on 25-04-2018 and the same was returned to the BSNL office undelivered with the remarks ‘addressee left India’. Based on the above facts opposite party requested to dismiss the complaint.

4. Evidence:

Evidence in this case consist of the documentary evidence filed by the compt. Complaint has filed 13 documents. Exbt  A1 to A12 marked except the power of attorney produced by the compt. Copy of the special power of attorney executed by  the complainant is not marked. No oral evidences from the side of the compt.

Opposite party filed proof affidavit and two documents which were marked as Exbt B1 and B2. Megha K.R Accounts Officer, Telecom BSNL was examined in box and her depositions are recorded as DW1. No other evidence from the side of op party. Heard.

5. Issues:

1. Whether any deficiency in service or unfair trade practice is proved from the side of opposite parties towards the complainant?
2. If so, reliefs and compensation?

For the sake of convenience we have considered issue no. 1 and 2 together. Exbt A1 produced by the complainant is a copy of receipt dated 07-07-2012 for receiving application for closure of telephone connection of the complainant, issued from Sub Divisional Engineer Kumbalangi. Exbt A2 is the copy of RR notice dated 06-01-2016 issued from Deputy Tahsildar Kochi. Exbt A3 is also an RR notice dated 25-02-2016 issued from Deputy Tahsildar Kochi. Exbt A3 is a copy of receipt dated 23-08-2016 issued from Village Officer Kumbalangi to the complainant Rs.150 towards CC and batta. Exbt A5 is the copy of receipt dated 22-08-2016 issued from BSNL to the complainant. Exbt A6 is the copy of the notice dated 02-09-2017 bearing no. 76/2017 issued from Revenue Recovery Adalath to the complainant. Exbt A7 is the copy of the notice dated 02-09-2017 bearing no. 77/2017 issued from Revenue Recovery Adalath to the complainant. Exbt A8 is the copy of the request under RTI Act dated nil addressed to the AGM (Admn) BSNL. Exbt A9 is the copy of the request under RTI Act dated 14-03-2018 addressed to the AGM (Admn BSNL). Exbt A10 is the copy of the receipt dated 14-03-2018 for receiving Rs.10 by the Accounts Officer BSNL. Exbt A11 is the copy of the reply dated 20-03-2018 issued to the complainant by the Deputy General Manager under RTI Act . Exbt. A12 is the copy of the appeal dated 23-03-2018 submitted by the complainant to the General Manager BSNL.

We have thoroughly analyzed the facts of the case, version filed by the opposite parties and the documents and evidence filed from both sides.

As per Exbt A1, opposite parties have issued receipt for closure of telephone connection No: 2240150 working with the name of the complainant on 07-07-2012.As per Exbt A5, the complainant had paid Rs.1052 to BSNL Ernakulam in connection with the landline no. 0484-2240150 on 22-08-2016. The complainant had also paid Rs.150 to the village officer Kumbalangi on 23-08-2016 towards CC and batta as evidenced by Exbt A11, the complainant’s telephone connection was closed permanently on 08-07-2012. Exbt B1 is only an authorization letter issued by Assistant General Manager (Legal) PGMT, Ernakulam, authorizing Smt. Megha K R to file proof affidavit and other documents on behalf of op . Exbt B2 is a copy of id card of the witness (DW1).

Dw1, during cross examination admits that Exhibit A1 is the receipt of surrender of the telephone connection. DW1 also admits that notices send to the complainant to initiate RR-proceedings was sent wrongly from the office of opposite party. The opposite parties in their version also admits that the 2 revenue recovery requests were sent by mistake from the side of opposite parties and one of the revenue recovery requests was cancelled. The opposite parties states that the complainant  has paid the dues rupees 1,052/- on 22/08/2017, but it was only after the receipt of revenue recovery notice. The opposite parties also admits that this matter was not updated in the system. Dw1 deposed that all the procedures were followed at the time of surrender of the telephone connection.

Moreover at the time of disconnection of the phone on 07/07/2012 the opposite parties had never initiated that any amount is due from the complainant. The ops have produced only Exbt. B1 and B2 documents.

From the available documents and evidence filed in this case we are of  the considered opinion that the opposite parties have committed severe deficiency of service and unfair trade practice towards the complainant by initiating RR proceedings against the complainant, by mistake. In the result issue No.(a) and (b)are found in favour of the complainant and the complainant had to suffer huge mental agony, pain and other suffering due to deficient act of the op.

The following orders are hereby passed.

1. The opposite parties shall refund Rs.1202/- (Rupees one thousand two hundred two only) to the complainant which was paid by the complainant towards RR proceedings as evidences by Exbt A4 and A5 .
2. The opposite parties shall also pay a compensation of Rs.5000/- (Rupees five thousand only) for the loss, mental agony and inconvenience caused to the complainant
3. The opposite parties shall pay Rs.5000/- (Rupees five thousand only) as cost of proceedings to the complainant
4. The liability of opposite parties shall be jointly severally.

The opposite parties are liable to comply this order within 30 days from the date of receipt of a copy of this order, failing which the amount ordered in (1) and (2) above shall attract 9% per annum from the date of order till the date of realization

Pronounced in the Open Commission this the 30^th day of December,2023.

Sreevidhia.T.N, Member

D.B.Binu, President

Forwarded/by Order

Assistant Registrar

Appendix

Complainant’s evidence

Exhibit A1: Copy of receipt dated 07-07-2012

Exhibit A2: Copy of RR notice dated 06-01-2016

Exhibit A3: Copy of RR notice dated 25/02/2016

Exhibit A4: Copy of receipt dated 23-08-2016

Exhibit A5: Copy of receipt dated 22-08-2016

Exhibit A6: Copy of receipt dated 02/09/2017

Exhibit A7: Copy of the notice dated 02-09-2017

Exhibit A8: Copy of the request under RTI Act

Exhibit A9: Copy of the request under RTI Act dated 14-03-2018

Exhibit A10:         Copy of receipt dated 14-03-2018

Exhibit A11: Copy of reply dated 20-03-2018

Exhibit A12: Copy of the appeal dated 23-03-2018

Opposite party’s evidence

Exhibit B1: Copy of authorization letter

Exhibit B2: Copy of ID proof

Deposition

DW1:          Megha K.R.

Despatch date:

By hand:     By post                                                  

kp/

CC No. 445/2018

Order Date: 30/12/2023