Bharat Sanchar Nigam Ltd. vs PRATAP KUMAR BANERJEE

THIS appeal has arisen out of the judgment passed by the District Forum, 24-Paganas (South), wherein the Forum directed the O.P. to restore the telephone connection of the complainant within 15 days from the date of payment of outstanding bills. The O.P. was further directed to pay a compensation of Rs. 1,500/- and cost of Rs. 500/- to the complainant within one month from the date of the order.

THE facts of the case of the complainant in brief are stated here. Being a subscriber of telephone connection he made several correspondences with the O.P. while the telephone remained dead since February, 2001. THE complainant has alleged that as ''Mashohara'' payment was refused to some unscrupulous employees of the O.P. concerned of the locality, the connection was not restored. It is further alleged that inaction on the part of the O.P. in giving uninterrupted service to him is deficiency of service on the part of the O.P. THEreafter he filed a case before the Forum praying for direction upon the O.P. to restore the telephone connection and grant rental rebate from February, 2001 till restoration and compensation also. Being dissatisfied with the above order the BSNL- appellant has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that the telephone in question remained faulty on four occasions during the period from 1.11.2000 to 10.7.2001 and no complaint was made. It is stated by the appellant that the telephone was checked and found that the faults were due to a parallel connection to the said telephone and the defect was removed satisfactorily. It is further stated that the rental rebate during the defunct period had been sanctioned as per the Indian Telegraph Act and Rules. Due to respondent''s internal problem the telephone line was faulty, in which the appellant did not have any role. Therefore, the award of compensation in favour of the respondent is not justified and contrary to law. According to the appellant the order passed by the Forum below is erroneous and liable to set aside.

After careful perusal of the record it is noticed by us that the telephone was not functioning on four occasions during the period from 1.11.2000 to 10.7.2001. The respondent submits that several correspondences were made with the appellant-BSNL, but he failed to produce any document in this regard, even no docket number has been mentioned. On verbal request of the respondent the telephone was checked by the appellant, and it found that the faults were due to a parallel connection to the said telephone and the defect was removed satisfactorily. The respondent demanded the rental rebate for the defunct period which the appellant did not contradict.

CONSIDERING the facts and circumstances and also hearing both the sides we deem it appropriate to pass the following order. The appellant shall grant rental rebate for that period for which the telephone was not in order, if not already paid. The amount of the rental rebate may be adjusted with the future bills of the respondent. As deficiency has not been proved on the part of the appellant we think that award of compensation of Rs. 1,500/- and cost of Rs. 500/- by the Forum below was not proper and not in accordance with law. So we are inclined to set aside the cost and compensation as awarded by the Forum below.

THEREFORE, the appeal is allowed on contest and the judgment passed by the Forum below is set aside. The appeal is disposed of accordingly. Appeal allowed.