:    JUDGMENT & ORDER  dtd. 18.12.2019   :        

The brief fact of the case is that the complainant is a consumer of Krishnagar Telephone Exchange vide connection No. 03472 – 250611.  The connection of the complainant is covered by Bill Plan LL-New Annual Plan 1540 on and from 01.07.2014 to 30.06.2015.  In the mean time i.e. on 01.05.2015, BSNL declared that “Free unlimited calls from BSNL landline at night from 1^st May, 2015 between 9.00 pm to 7 am to any landline / mobile phone of any operator across the Nation”.  Being inspired by the offer/ advertisement, the complainant to avail the said facilities used to use his telephone connection in that time and period.  Thereafter, the complainant came to know that BSNL has been charging call charges during the said free call charges period.  The complainant made an oral protest before the SDE (Internal) to that effect that BSNL charged call charges during free period by violating terms & conditions.  The Authority of BSNL informed the complainant that at the time of drawing the bill the call charges shall be adjusted.  But unfortunately, the bills are/were not adjusted. As a result, the complainant had to pay huge amount to BSNL for the month of May and June, 2015 by trusting upon the employees of BSNL and by trusting their declaration in the Telephone Bills and other papers.  The BSNL illegally demanded Rs. 2,658.02 as “Usage Charges” and “Service Tax” for the bill period from 01.05.2015 to 30.06.2015 in the Bill dtd. 06.07.15.  Thereafter, the complainant made a complaint by e-mail on 15.09.15 and thereafter on 24.09.15 and on 27.10.15 but no reply has been received from the BSNL Authority.  Finding no other alternative, the complainant has filed the instant case, praying for Rs. 2,658.02 along with interest @ 10% p.a., Rs. 10,000/- as compensation for his mental pain, suffering, agony and harassment, litigation cost and any other relief or reliefs.

            The complainant has filed some documents in support of his case which are below:-

            1). Telephone Bill dtd. 28.07.2015

            2). Details Call charge of BSNL

            3).Notice dtd. 15.09.15

            4). Envelope of BSNL

            5). G-mail copy

On the other hand, the OPs BSNL contested the case by filing a joint written version wherein they have denied the entire allegations brought by the complainant. 

The specific contention of the OPs is that being a customer of BSNL the complainant is paying all the dues to BSNL against the good service of BSNL from 19.02.2002.  The complainant converted his phone connection to LL-New Annual Plan 1540 on 01.07.2014.  The characteristics of that plan was rental to be paid Rs. 140/- per month for 11 months at a time in advance.  For this payment no rent has to be paid for one year.  For this Landline Plans Unlimited Free Night Calling Offer is not available from 1^st May, 2015.  Other condition is as per general plan.  BSNL declared that from 01.05.2017 Free Unlimited Call may be done from Landline phone from 9 pm to 7 am to all operators excluding some special plans of Landline and BB Combo Plans.  The plans are incorporated in the order of Director (CFA) BSNL Corporate Office in which plans this facility will be available.  In this case, the plan is a special Concessional Offer and excluded from night free call facility.  Without gathering information whether this concessional plan is included in the list of Night Free Calls facility the customer made call from his concessional telephone during that period.  Regarding billing complain, the SDE (Internal) is not the competent authority.  Perhaps it is known by the customer very well.  The BSNL Authority cannot implement any work violating the orders of BSNL Corporate Office, (Director CFA) regarding telephone billing.  Under the rule of BSNL and as per order of Director (DFA) BSNL, there is no irregularities in charging against calls made by the customers.  Moreover, the AOTR, BSNL have not got any communication from the CGM BSNL about the complaint lodged by the complainant through e-mail in CGM’s mail address.  Taking into consideration all the above facts, it has been decided by the BSNL Authority that no loss has been incurred by the customer as the amount mentioned in the Telephone Bill of the customer demanded by the BSNL as usage charge for making telephone calls is the incapacity of the Customer to collect correct information about the plan.  Therefore, the complainant has no cause of action to file this case against the OPs and complaint may be dismissed with cost.

OPs have filed some documents to defend their case which are below:-

1. Annexure – 1: BSNL advertisement copy

2. Annexure – 2: Circular R&C-CFA No. 3/15-16

3. Annexure – 3: New Annual Plan 1540

4. Annexure – 4: Circular R&C-CFA No. 3/14-15

5. Annexure – 5: Telephone bill of Sandipta Sanyal

6. Annexure – 6: Content of Landline Annual Plan 1540

Points for discussion

1. Whether the complainant is a consumer under the purview of CP Act, 1986?
2. Whether there was any deficiency in service on the part of the OPs BSNL?
3. Whether unfair trade practice has been committed from the side of the OPs?
4. Is the complainant entitled to get any relief /reliefs as prayed for?

Decision with reasons

Point No. 1:

The relationship of consumer and service provider is not denied between the complainant and the OPs.  So, the complainant is a consumer within the purview of Consumer Protection Act, 1986. 

This point goes in favour of the complainant. 

Point Nos. 2 and 3:

Both the points are taken up together for the sake of brevity and convenience of discussion. 

The main contention of the complainant is that being inspired by advertisement of BSNL “Free unlimited calls from BSNL landline at night from 1^st May, 2015 between 9.00 pm to 7.00 am to any landline / mobile phone of any operator across the Nation”, the complainant started to use his landline phone between 9.00 pm to 7.00 am. Thereafter, the complainant received a telephone bill amounting to Rs. 2,658.02 (Annexure – 1 – filed by the complainant) for the period from 01.05.2015 to 30.06.2015.

Now, the question arises whether the complainant is entitled to get benefit for the said offer advertised by the BSNL.

We have carefully gone through the Annexure – 1, i.e., telephone bill issued by the BSNL to the complainant for the period from 01.05.15 to 30.06.2015 from which we find that BSNL requested his customer in the following manner:

“Dear customer, Use BSNL Landline for Unlimited free calling from 09.00 P.M. to 07.00 A.M. to all service provider networks.  For details Call 1800 345 1500 or visit www.bsnl.co.in or nearest CSC.”

Moreover, from an Envelope of BSNL (Annxure-4) filled by the complainant, it is printed on the back side of it that “Free unlimited calls, from BSNL Landline at night from 1^st May, 2015. Between 9 p.m. & 7 a.m.  To any Landline/Mobile phone of any operator across the nation.  Details in www.bsnl.co.in.”

After getting the telephone bill for the period from 01.05.15 to 30.06.2015 the complainant sent four letters (Annexure – 3 and Annexure – 5) to the higher Authority of BSNL, but no reply was given by the OPs against those letters.

On the other hand, from the side of the OPs, Annexure – 1 was filed which is a copy of a webpage of www.keralatelecom.info by which BSNL announced that, “ .. there was a confusion among BSNL Customers about the applicability of the offer. Now BSNL authorities published the list of Landlines plans for which this scheme is not available from 01.05.2015 - LL – New Annual Plan 1540 and so on.”  

After hearing the submission of the Ld. Advocates appeared for the respective parties and on perusal of the relevant documents filed by both the parties, we find that obviously OPs advertised the offer for Unlimited free calling from 09.00 P.M. to 07.00 A.M. to all service provider networks but there was no guidelines which plan is not included in that offer.  Though, the Ld. Lawyer for the OPs has filed a copy of a webpage of www.keralatelecom.info but this webpage is not at all applicable in the BSNL Bengal Circle as it is the matter of Kerala Telecom. 

Under the facts and circumstances, we have come to conclusion that there is a gross negligence as well as deficiency in service and unfair trade practice i.e., fraud has been practiced by the BSNL Authority towards the complainant by keeping the complainant completely under dark regarding closure of the said “unlimited offer”.  The BSNL authority ought to have informed the complainant regarding the closure of the said plan individually. 

            Therefore, it is very much clear that the entire advertisement of the BSNL is a vague one, as a result, the complainant faced financial loss and harassment. Thus, it is a clear case of deficiency in service and also unfair trade practice by the OPs BSNL. 

Point No. 4.

            On the basis of discussion as a whole, we are of the view that the complainant is entitled to get reliefs as prayed for. 

In the net result, the case succeeds.

Hence, it is                                        

O R D E R E D,

That the case be and the same is allowed on contest against the OPs.

The OPs are hereby directed to pay Rs. 2,658.02 to the complainant which the OPs took from the complainant on 24.07.2015 along with interest @ 10%p.a. upon the aforesaid amount to be calculated on and from 24.07.2015 within 30 days from the date of this order, failing which a further interest @ 10% p.a. shall be  accrued on the total amount till full realization.

The OPs are further directed to pay Rs. 10,000/- as compensation for his mental pain, suffering, agony and harassment and also Rs. 5,000/- as litigation cost to the complainant within 30 days from the date of his order. 

Let a plain copy of this judgment/order be supplied to the parties forthwith free of cost.