COMPLAINT ABOUT RESTORATION OF TELEPHONE CONNECTION AND CANCELLATION OF BILL
1. This date was fixed for arguments which have been heard and file has been perused as such I proceed to dispose off the complaint after perusal of the file by discussion in the following paragraphs.
2. Briefly stated the version of the claimant is to the effect that he conducts the shop of Hikmat at Choti Road Jampur having telephone connection bearing No.0604-567392 by paying the bills regularly; that the line was disconnected due to flood of water in August 2010 and all the links were disconnected; that the bills are being regularly issued by the defendants; that the bills have not been cancelled and stopped despite repeated oral and written requests of the claimant; that the claimant is suffering from tension due to disconnection; that the bills of August 2010 upto restoration should be cancelled and connection should be restored at the earliest.
3. The defendants have denied the allegations of the claimant in their joint written statement and raised certain preliminary objections relating to concealment of facts, non maintainability of the complaint, expiry of the period of limitation, malafide, clean hands, no loss, no negligence, fine to be imposed on the claimant with request for dismissal of the complaint with costs and fine.
4. It is pertinent to note that although evidence is necessary to be recorded under S.30 of PCP Act 2005 for disposal of the complaints by the Consumer Courts but since the procedural laws known as the Code of Civil Procedure 1908; the Code of Criminal Procedure 1898; the Qanun-e-Shahadat Order 1984, the Bankers' Books Evidence Act 1891 are not strictly applicable to the proceedings of the Consumer Courts, as such the propriety demands that the regular evidence should not be recorded in such cases where the points for determination are mostly based on the copies of the admitted documents available in the file of the complaint or admitted in the pleadings just like the present case.
5. As far as the period of limitation is concerned, the same is deemed to be one year from arising of the cause of action in such cases in which the period of guarantee or warranty is not involved while the period of one month is fixed with power to extend upto sixty days in such cases where the period of guarantee or warranty has been completed and even the said cases can be filed during the period of guarantee and warranty at any time even before the expiry of the said period. In the present case the cause of action is continued by issuance of the bills as such I find that the complaint is not time barred.
6. As far as the jurisdiction of this court is concerned, the same extends to District Rajanpur in which Tehsil Jampur is situated and the relationship of the consumer and service provider is in existence between the parties and the dispute relates to the providing of services as such I find that the complaint is maintainable in this court.
7. It has been contended by learned counsel for the defendant that the connection of the claimant would be restored on the condition that there is the main line in existence in the locality of the claimant and if the main line has been disturbed by the flood then it would not be possible for the defendants to perform business for the single connection of the claimant in the area. It is also suggested that the claimant should get wireless telephone connection instead of landline if main line is not available in the area. In response it is stated by the claimant that another telephone connection is working properly nearby and that he is not prepared to get wireless telephone connection.
8. It is observed that the arrears of the bills of the claimant being related to flood affected area are shown to have been cancelled voluntarily by the defendants according to the copy of the fax report brought on record by the coordinator officer of the defendants.
9. In accordance with above situation, the complaint is hereby accepted partly and conditionally with the direction for restoration of the connection subject to the availability of main telephone line in the locality otherwise the security deposit if any is to be refunded to the claimant in addition to the cancellation of the disputed charges while the complaint is dismissed to the extent of the remaining relief.
10. The parties are left to bear their own costs.
11. A copy of this order is to be provided to the representative of the defendants on demand in addition to the copy to be sent by the claimant to the defendants for implementation.
12. The claimant is entitled to get the order implemented by filing the application for implementation with reference to S.31, 32 & 36 of PCP Act 2005, if so required with the warning to the defendants that they would be liable to pay the costs of such application and proceedings in case of delay.
13. This order would become final u/s 34 of PCPA 2005, if the appeal is not preferred under S.33 of PCP Act 2005 & Rule 18 of PCP Rules 2009 in accordance with the Rules of Procedure of Honourable High Court.
14. A copy of this order would be available for publishing on the internet to the website of Punjab Consumer Protection Council, 135-J, Model Town Lahore, for public disclosure and easy access of information to the consumers relating to the products and services in accordance with R.25 of PCP Rules 2009.
15. The file of this complaint is to be consigned to the record room of this court duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody till the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.