Haryana

Karnal

CC/319/2020

Ram Kumar - Complainant(s)

Versus

General Manager Bharat Sanchar Nigam Limited - Opp.Party(s)

Narinder Jattu

13 Jan 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                         Complaint No. 319 of 2020

                                                          Date of instt.27.08.2020

                                                          Date of Decision 13.01.2022

 

Ram Kumar son of Shri Surjan Singh resident of VPO Bazida, Karnal.

 

                                                 …….Complainant.

                                              Versus

 

General Manager, Bharat Sanchar Nigam Limited Sector-8, Karnal.

 

                                                                      …..Opposite Party.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

              Dr. Rekha Chaudhary….Member

 

 Argued by: Shri  Narinder Jattu, counsel for complainant.

                    Opposite party exparte.

 

                    (Jaswant Singh President)

ORDER:   

                

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is consumer of OP as OP has installed a telephone connection bearing no.01842390190 in the house of the complainant in village Bazida Jattan, District Karnal. The said connection of the complainant was not working and the same is/was out of order from the more than last one year. In this regard complainant requested the OP several times orally as well as in writing and telephonically but till today the connection of the complainant has not made functional. Hence, complainant prayed for directing the OP to resolve the problem in the abovesaid telephone connection as early as possible and further prayed for to refund the rent of the telephone connection from the day it becomes out of order but OP failed to do so. In this way there was deficiency in service and unfair trade practice on the part of the OP. Hence this complaint.

2.             On notice, initially, on 16.11.2020 Shri Sher Singh SDE appeared on behalf of OP but written version did not file after availing numerous opportunities till 31.03.2021. On 31.03.2021 none has appeared on behalf of OP and OP proceeded against exparte, vide order of this Commission.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A, applications dated 28.11.2019, 17.12.2019, 06.12.2019 written by complainant to OP Ex.C1 to C3, applications dated 13.01.2020, 30.01.2020 with postal receipts Ex.C4 and Ex.C5, bill payment receipts Ex.C6 to Ex.C12 and closed the evidence by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             Learned counsel for complainant argued that complainant is consumer of OP and having telephone connection bearing no.01842390190 in his premises. The said connection of the complainant is not working and the same is out of order from the more than last one year. In this regard complainant requested the OP several times orally as well as in writing and telephonically but till today the connection of the complainant has not been made functional. To prove his case complainant placed on record his affidavit Ex.CW1/A and applications Ex.C1 to Ex.C5 with regard to resolving the problem in the abovesaid telephone connection to OP but OP failed to do so. It is evident from Ex.C1 to Ex.C5 that from 28.11.2019 till 24.08.2020 complainant had continuously approached the OP to redress his grievance but OP did not pay any heed to the request of complainant.

6.             To rebut the version of the complainant, OP did not appear and proceeded against exparte. Hence, the version of the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same. It has been proved from the record that the telephone connection of the complainant has not been working and become out of order since 28.11.2019. Hence the act of the OP amounts to deficiency in service and unfair trade practice.

7.             Thus, as a sequel of above discussion, we allow the present complaint and direct the OP to make the telephone connection of the complainant in proper order. We further direct the OP to refund/adjust the rent paid by the complainant, if any, during the period, the connection in question was out of order. We further direct the OP to pay Rs.10,000/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. This order shall be complied within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 13.01.2022

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

 

                  (Vineet Kaushik)      (Dr. Rekha Chaudhary) 

                      Member                       Member