Case No. A/38/2016. Case: The General Manager (Telephone Department), B.S.N.L. and Ors. Vs Abdul Kayam Choudhury and Ors.. Tripura State Consumer Disputes Redressal Commission

Case NumberCase No. A/38/2016
Party NameThe General Manager (Telephone Department), B.S.N.L. and Ors. Vs Abdul Kayam Choudhury and Ors.
CounselFor Appellant: Kakali Deb, Adv. and For Respondents: K. Dhirendra Singha, Adv.
JudgesU.B. Saha, J. (President), Sobhana Datta and Narayan Chandra Sharma, Members
IssueConsumer Protection Act, 1986 - Sections 12, 15
Judgement DateApril 04, 2017
CourtTripura State Consumer Disputes Redressal Commission

Judgment:

U.B. Saha, J. (President), (Tripura)

  1. The instant appeal is filed by the appellants General Manager (Telephone Department, B.S.N.L.) and Accounts Officer (TR), (Telephone Department), Agartala under Section 15 of the Consumers Protection Act, 1986 against the judgment dated 20.06.2016 passed by the Ld. District Consumers Disputes Redressal Forum (hereinafter referred to as District Forum), West Tripura, Agartala in Case No. C.C. 100 of 2015 whereby and whereunder the Ld. District Forum partly allowed the complaint petition filed by the respondent and the appellants BSNL was directed to exempt the respondent from payment of bill from 1st May, 2015 for night call 09.00 P.M. to 07.00 A.M and the amount already paid is to be refunded. The appellants BSNL was also directed to pay compensation of Rs. 5,000/- to the respondent payable within two months, if the same is not paid, then it will carry interest @9% per annum.

    1. Heard Mrs. Kakali Deb, Ld. Counsel appearing for the appellants (hereinafter referred to as BSNL/opposite parties) as well as Mr. K. Dhirendra Singha, Ld. Counsel appearing for the respondent (hereinafter referred to as complainant/petitioner).

    2. Facts of the case in short are that, the complainant Abdul Kayam Choudhury filed an application under Section 12 of the C.P. Act, 1986 alleging that the complainant applied for a connection of land phone, which was accordingly connected being Phone No. 255-1451 on 17.05.2014. Thereafter, the BSNL Authority raised a bill for an amount of Rs. 3,395/- including night charge in favour of him against the aforesaid land phone during the month of May, 2015. It is also alleged that the BSNL advertised through local newspaper as well as online that there will be free night call from 1st May 2015 during the period from 09.00 pm to 07.00 am. In view of the advertisement of the BSNL, the complainant made phone calls during that period, but BSNL charged for the night calls. Complainant personally contacted with BSNL and requested the BSNL Authority to waive the claim. The matter was also taken to the Permanent Lok Adalat for settlement, but the same could not be done.

    3. The opposite parties filed written statement denying the claim of the complainant. It is also contended that the complainant was availing bill plan of LL-New Annual Plan 1540 which is not a general plan of Rural and Urban areas as ascribed in circular R and C-CFA No. 03/15-16 dated 10.04.2015. Subsequently, the...

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