ASHOKA COMMUNICATIONS PROP. ASHOK T. SIDANALE Vs. PATHAK, DY. GENERAL MANAGER (CENTRAL) BHARAT SANCHAR NIGAM LTD

JUDGEMENT

(1.) This appeal arises out of order/award dated 26/03/2009 passed in consumer complaint No.251/2007, Ashoka Communications through its Proprietor Mr.Ashok T. Sadanale V/s. Mr.Pathak, Dy. General Manager (Central), BSNL, Pune & Ors. by District Consumer Disputes Redressal Forum Pune (Forum below in short). Appellant/complainant filed this appeal consequent to the dismissal of his consumer complaint related to inflated telephone bills.

(2.) It is the case of the appellant/complainant that he runs a business M/s.Ashoka Communications and for which a landline telephone bearing No.24320582 was provided to him by BSNL, Pune. According to him, his average consumption telephone bill was around Rs.1,100/- per month. However, bill dated 06/05/2007 was received for Rs.13,613/- and again in the month of July 2007 and September 2007 received bills respectively for Rs.7,900/- and Rs.9,430/-. Complainant raised objection for those inflated bills. But, since bills were not paid, his telephone connection was disconnected on 19/09/2007 (However, as admitted position emerges, said telephone connection was reconnected). Therefore, he filed consumer complaint.

(3.) BSNL resisted the claim stating that no consumer complaint is tenable in view of statutory arbitration clause under the Indian Telegraph Act. Further, it is contended that complainant had subscribed for sophisticated YNA service, but software at his place was not supporting it. They already investigated the matter after the complaint received from the complainant and rebate was given to the complainant. To insist that only on average basis telephone bills should be issued, is an improper demand and cannot be accepted. There is no deficiency in service on their part. Complainant has also did not comply with the suggestions to change the software and meet technical requirements. Under the circumstances, there being no deficiency in service on their part, complaint ought to have been dismissed.