Sri Shyamal Gupta, Member

Challenging the Order dated 14-10-2014 passed by the Ld. District Forum, Siliguri, whereof the complaint has been dismissed, Sri Rohan Sarkar, Complainant filed this Appeal.

In a few words, case of the Complainant is that, he took a postpaid connection from the OP on payment of due charges.  However, very shortly it became a nightmare for him as he started receiving threatening calls from different quarters asking him to surrender the said connection.  Ultimately, the OP disconnected the said line without any prior intimation or clarification to him.  Legal notice served upon the OP also did not yield any positive result; hence, the complaint.

OP raised preliminary objection against maintainability of the complaint case stating inter alia that its Nodal Officer received an email from one of the Law Enforcement agencies asking the company to deactivate the subject connection in the interests of national security.  Thus, acting on such request, the said connection of the Complainant was deactivated.

Decision with reasons

Ld. Advocates for the parties argued at length articulating their respective views in the matter.  We have also gone through the documents on record.

It appears that the Respondent submitted Annexure-A, describing it as the email copy of a letter purported to have been written by one of the law enforcement agencies of the State of West Bengal. A glance through the same reveals that it was not the original email copy or photostat copy thereof, neither it was submitted under affidavit.  It is not understood, despite this, why the Ld. District Forum attached so much importance to such document.

It is significant to note that, indulgence of the Appellant in alleged criminal activities in any manner whatsoever remains unproven.  No doubt, if he was indeed a party to such alleged criminal act, he would not roam freely today.  There is nothing to show that the concerned law enforcement agency drew any legal proceedings against the Appellant.

Further, it appears that the Appellant paid considerable sum of money for taking the said post paid connection.  Since Appellant’s involvement in any sort of criminal activities is not proved, we feel, the Respondent was obliged to make alternative arrangement to mitigate the sufferings of the Appellant.  It is indeed unfortunate that the Respondent did not even bother to respond to the legal notice served upon it by the Appellant, let alone making alternative arrangement to alleviate his distress.

It is unacceptable that neither the Respondent made any suitable alternative arrangement nor refunded the money to the Appellant. It was a clear act of gross deficiency in service on the part of the Appellant which the Ld. District Forum failed to appreciate.

Hence,

O R D E R E D

That the Appeal stands allowed on contest against the Respondent with cost for a sum of Rs. 10,000/-.  Respondent is directed to refund Rs. 20,000/- to the Appellant together with simple interest @ 9% p.a. from the date of filing of complaint till full and final payment is made. The impugned order is hereby set aside.

Let the LCR be sent back to the Ld. District Forum along with a copy of this order.