B S N L Vs. BENGAL ROWING CLUB

JUDGEMENT

(1.) THIS is an appeal filed against the order dated 9.3.2004 passed by the District Forum, Calcutta Unit -I in the Forum Case No. 204 of 2003. The present appellant was the O.P. before the Forum whereas the present respondent was the complainant. The facts of the complaint are briefly stated hereunder.

(2.) A .P.B.X. Board installed by the O.P. at the premises of the complainant was not in operation from 1994. On 27.10.1998 the complainant addressed a letter to the O.P. requesting the removal of the P.B.X. Board as the same was not in use. This letter was followed by reminders dated 13.3.1999 and 6.2.2001. However, the O.P. did not take any step for removing the P.B.X. Board and the rent thereof was continuously charged and paid upto 2001. However, on receipt of the rental bill for the period from 1.11.2001 to 31.10.2002 the matter was taken up with the O.P. and a work order dated 9.11.2001 was issued for removal of the P.B.X. Ultimately the P.B.X. was surrendered on 27.11.2001. The above bill dated 15.10.2001 was paid after deletion of the rental charges for the P.B.X. On 15th October, 2002 the O.P. again raised a bill for Rs. 6,701/ - which included a sum of Rs. 3,200/ - being the rent for the P.B.X. Board from 1.11.2002 to 31.10.2003. The said bill was naturally challenged by the complainant vide the letter dated 6.11.2002. However, for non -payment of the bill the complainant s telephone line was disconnected on 25.11.2002. On taking up the matter with the O.P. the telephone authorities deleted Rs. 3,200/ - from the said bill and the balance amount was paid on 10.12.2002, but in spite of the payment the O.P. did not bother to reconnect the line for more than 20 days. In view of the above circumstances the complainant alleged deficiency in service on the part of the telephone authorities and filed a case before the Forum with the prayer to refund the amount of Rs. 9,600/ - paid as rental for the P.B.X. Board from 1998 to 2001 together with interest. Compensation of an amount of Rs. 25,000/ - was also prayed for deficiency in service inasmuch as the telephone line was disconnected without any rhyme or reason. The O.P. contested the case before the Forum and it was pleaded by the O.P. that the letters of the complainant were not addressed to O.P. -1 that is General Manager, B.S.N.L. For such a reason no effective steps could be taken for redressing the grievances of the complainant. However, the Forum did not attach any importance to such an argument. The Forum observed that the O.Ps. were not at all justified in realising the rental for the P.B.X. Board for the period from October, 1998 to 27th May, 2001 and accordingly the amounts realised in this regard by the O.Ps. were adjustable against the telephone charges payable by the complainant in regard to the existing telephones. The Forum concluded that there was gross negligence and deficiency in service on the part of the O.P. for the simple reason that they took a long period of time for removal of the P.B.X. Board. Accordingly, the O.Ps. were directed to pay a sum of Rs. 5,000/ - as compensation for causing harassment, within 30 days from the date of the order. In case of non -payment, this amount shall carry interest @ 10% per annum till the amount is paid in full. In regard to the rental paid for the P.B.X. from October, 1998 to November, 2001 the O.Ps. were directed to make necessary adjustment against telephone bills payable by the complainant for the existing telephone. In passing the above judgment the Forum did not accept the contention of the O.P. that the complainant is a commercial organization because the Forum was satisfied that it was not so on the basis of the Memorandum of Association of the complainant. Being aggrieved by this order of the Forum the O.P. has come in appeal before the Commission.

(3.) IN the memo of appeal the main points taken by the appellant are as under: