Consumer Redressal

Before the Hon'ble District Consumer Disputes Redressal Forum at Porvorim Goa 1. Particulars of complainant: Full Name: Krishna L. Gawas Customer ID/ Account No: 1026254161 Complete Address: H/No:86, Kulagar Wada, Post- Colvale, Nadora Bardez Goa- 403513 Village, Tehsil, City and State: Nadora, Bardez, Mapusa Goa. 2. Particulars of the Opposite party: Bharat Sanchar Nigam Limited, a government owned telecommunications service provider headquartered in New Delhi, India. It is under the ownership of Department of Telecommunications, Ministry of Communications, Government of India. It was incorporated on 1 October 2000 by the Government of India. Opposite party No. 1 1. BSNL Goa SSA Patto Centre, Panaji, Goa- 403001 PH:- 08322437500, 08322254222 2. Mr. Shivdas R. Pednekar H/No:10, Near Govt Primary School, Khorlim- Mapusa, Goa- 403507 TIP Code- WMHPJM_SHIVDASP PH:- 9923040205, 9511700583 Full Name of dealer/shop/Firm/manufacture: Complete Address: Opp Party 1:- Patto Centre, Panaji, Goa- 403001 PH:- 08322437500, 08322254222 Opp Party 2:- H/No:10, Near Govt Primary School, Khorlim- Mapusa, Goa- 403507 PH:- 9923040205, 9511700583 Village, Tehsil, City and State: Opp Party 1:- Patto Panaji, Tiswadi, Panaji Goa Opp Party 2:- Khorlim Mapusa, Bardez, Mapusa Goa 3. Particulars relating to goods/services complained of: BSNL FTTH (Bharatfibre) broadband service, which is premium broadband service launched by BSNL company. (a) Details of goods/service: BSNL FTTH (Bharatfibre) broadband service, which is premium broadband service launched by BSNL company. Item of goods with quantum/nature of service: BSNL FTTH (Bharatfibre) broadband service Date when goods purchased/service obtained: BSNL FTTH (Bharatfibre) broadband service Postpaid Subscription billed monthly by BSNL. Amount paid as consideration: Monthly Bill- Rs. 919/- (Attach photocopies of bill/voucher/receipt etc.) (b) Whether the complaint relates to: Loss or damage as a result of unfair trade practice adopted by the trader: NA One or more defects in goods: NA Deficiency in services: Severe deficiency of service, as the BSNL company/ BSNL TIP Mr. Pednekar is not able to provide full 30 day per month service in my Area Nadora Bardez Goa- 403513. On an average only 15-20 days effective service is provided by BSNL in any given month. Excess price charged by trader (above the price fixed by or under any law for the time being in force of displayed on goods or package containing such goods): (c) If the complaint relates to (b)(1) above. NA Please indicate the nature of unfair trade practice adopted by the trader, such as - Statement as to the quality etc. of foods sold/service made: Very poor & miserable BSNL FTTH service by Party 1 & 2. Party 1 & 2 is not able to provide full 30 day per month service in my Area Nadora Bardez Goa- 403513. On an average only 15-20 days effective service is provided by BSNL in any given month. - Sponsorship of goods/dealers: NA - Warranty/guarantee with period promised (attach photocopy of warranty/guarantee card, if any): - Disparaging of goods of other traders: (d) If the complaint relates to (b)(ii), nature and extent of defects in goods: (e) If the complaint relates to (b)(ii), nature and extend of deficiencies in service: * Network outage of BSNL FTTH is average 8 hours on a given day. * Maximum 3 day network outages faced by subscriber sometimes, which severely impact work & performance at work. * This has severely impacted in my work performance & performance appraisal, also resulted in multiple leaves & monetary loss arising from non availability at work on critical support & resulting as poor performance at work. * Severe Mental Harrasment, Agony & Depression due to consequences faced, root cause being Non availability of this service which I pay for full month but end up getting only 50-60% utilisation per month. (f) If the complaint relates to (b)(iv), details of price fixed and price charged: NA (g) Any other details connect with the complaint (Such as, when defect in goods or deficiency in service was first noticed): NA 4. Details of attempts made to get the matter complained of settled and result thereof: * Multiple complains tweeted to BSNL & highly ranked BSNL officers along with Directorate of Telecom & consumer affairs department. * Village level complaint sent to DoT (New Delhi), BSNL Corporate HQ & BSNL Mapusa Regional office. * Multiple chat based & complain calls made to BSNL TIP- Mr. Shivdas Pednekar. Personal negotiations: Written communication with trader/opposite party: (attach copies of correspondence) Attached Application made to other authorities such as M.R.T.P. Commission. 5. Whether any other law/rules/regulations/procedure applicable: Violation of my Consumer rights as I end up paying full month bill, while using the BSNL FTTH service just for 15-20 days as it is not made available by Service provider- Party 1 & Party 2. 6. Details of documents/witnesses relied upon to substantiate the complaint. NA 7. Relief claimed: Rs. 3,00,000/- as compensation from Party 1 & 2 due to Mental Agony, Harassment & Depression caused because of the total disruptive service by Party 1 & 2. * Loss of motivation, disciplinary action faced at work, poor performance at work & poor performance appraisal as work resulting in No annual salary hike for year 2020 & 2021 resulting in major financial loss. * In addition to above compensation, An written assurance duly dated, signed & sealed by Party 1 & 2, that there will be more than 95% Network service availability from BSNL in Nadora Goa in any given month. To get defects in the goods removed and/or NA To replace the goods with new goods and/or NA To return the price/charges paid NA Compensation claimed for financial loss/injury/interest suffered due to the negligence of the opposite party/parties. (Justify with reasons the extent of compensation claimed for the loss or injury) Rs. 3,00,000/- as compensation from Party 1 & 2 due to Mental Agony, Harassment & Depression caused because of the total disruptive service by Party 1 & 2. * Loss of motivation, disciplinary action faced at work, poor performance at work & poor performance appraisal as work resulting in No annual salary hike for year 2020 & 2021 resulting in major financial loss. I reside in a rural area named Nadora Bardez Goa, where the only mode of connectivity is BSNL telephone & broadband service. I was working from home at Nadora due to ongoing pandemic since April 2020. My annual Salary was 14.50 Lakhs INR in 2020 & 2021, I lost around 9-10% performance appraisal for 2 years due to poor performance, non availability at work for critical support, faced several disciplinary actions as well as end up taking multiple leaves in year 2020 & 2021 due to this disruptive & terrible service from Party 1 & 2. 9% of Rs. 14500000 = Rs. 130500 2020- Rs. 130500 2021- Rs. 130500 Total Rs. 261000 In addition to above, I had severe mental agony, loss of motivation, harassment & Depression for which I am claiming Rs. 39000 for 2 full years &facing it right now as well. 8. the Forum/State Commission has jurisdiction to entertain the complaint in view of- * The current location of the Party 1 & 2 as well as the complainant & the place where service is supplied as well as consumed. (a) Section 11(i)/Sec 17 of the Consumer Protection Act (b) The extent of amount involved being Rs: Rs. 3,00,000 The cause of action having accrued at: NA PRAYER It is, therefore most respectfully prayed that pass the orders and further orders as may be deemed necessary on the facts and in the circumstances of the case. to provide justice to the petitioner for going through severe mental harassment, depression & financial loss. Request to make it a new benchmark in Justice by providing assisting rightful services to the sufferer & uphold the course of law & justice. Through -------------------------------------------------- Authorized. Representative/Advocate/Voluntary Consumer Association (give here names and addresses) Krishna L. Gawas H/No: 86, Kulagar Wada, Post Colvale Nadora Bardez Goa- 403513 Place: Nadora Goa Date: 3rd March 2022 VERIFICATION I, Krishna L. Gawas S/o Late Laxman K. Gawas resident of Nadora Bardez Goa do solemnly declare and state that the particulars stated above are true to the best of my knowledge and belief and no part thereof is false and nothing material has been concealed therefrom. The annexures are exact copies/translation of their originals. I undertake to pay any sum required for the conducting of test in the laboratory as per the provisions of Sec. 13(1)(d) of the Consumer Protection Act, 1986. Verified at Nadora Goa this Third day of March two thousand and Twenty two. Krishna L. Gawas DEPONENT Enclosure (Mark enclosures as Annexure I, II, III etc.) ---------------------------------------------------