In The Court Of Syed Maruf Ahmedali Presiding OfficerDistrict &Sessions Judge District Consumer CourtLahore.
Jamshed Rana V/S General Manager PTCL.
The Petitioner has filed a claim for recovery of Rs.129760/- along with costs against the Respondent under the Punjab Consumer Protection Act 2005. Brief facts, according to the Complaint are that the Petitioner got installed a Telephone Connection No.5812719 at his premises situated at House No.E/31/9-F/1 Al-Noor Town Walton Road Lahore on 31.05.2000. It is alleged that since the installation of Telephone Connection the same remained out of order, most of the time and several complaints telephonically as well as written were lodged with the Respondents. He has further contended that the Petitioner is paying regular monthly Telephone Bills but the Telephone is out of order for the last about 14 months.
The Petitioner also filed an Application in December 2007 with Respondent No.1 for revival of Telephone Connection and asked him to refund the previous amount. The Petitioner issued a Legal Notice dated 16.02.2008 to the Respondents. The Respondent did not reply to the Legal Notice. Hence this Claim. In which the Petitioner has prayed that he be granted damages, Line Rent of 14 months, costs amounting to Rs. 129760/-3
The Respondents were summoned who contested the claim of the Petitioner through their Written Statement. It is contended by the Counsel for the Petitioner that the Telephone bearing No.5812719 was out of order for the last about two years and he has been paying regularly monthly bills under protest and he is entitled to refund of the monthly bills i.e. Line Rent at rate of 240 per month for the last about 14 months along with damages and costs.
He has further contended that the Petitioner has proved his case by exhibiting eight monthly Telephone Bills Ex-P/1 to Ex-8 which proves that the Telephone was out of order, as no calls have been shown in the monthly Telephone Bills, except Line Rent. He has prayed that his Claim be accepted. On the other hand, Counsel for the Respondent has contended that he is not entitled to damages under Section 10 of the Punjab Consumer Protection Act 2005 and he has no cause of action.
He has further contended that according to RW-1 Naveed Shahid the Telephone of the Petitioner is in order and they have received no complaint. He has further contended that the Petitioner has failed to prove that he had suffered any loss and he is entitled to any damages.
He has prayed that this Petition be dismissed with costs. 6 After hearing the arguments of both the learned counsel for the Parties and perusing the record. It is an admitted fact that Telephone No.5812719 was installed in the premises of the Petitioner on 31.05.2000 and it has been categorically stated by the Petitioner
that his Telephone Connection is out of order for the last about 15/16 months. And he is entitled to refund of the Line Rent of Rs. 240/- per month. During cross examination on PW-1 it has not been rebutted that the Petitioner has not been paying regularly monthly Telephone Bills along with Line Rent .
The allegation of the Petitioner is proved from the fact that he has placed on
record eight monthly Telephone Bills which are Ex-P/1 to Ex-P/8, which show that Line Rent was being charged from the Petitioner and no Telephone calls have been shown on the Bills, which proves that Telephone was not in working order.
Rather on the other hand the Respondents have placed on record along with Written Statement the Computerized Data of Telephone No.5812719 which is Mark C/1 along with copy of the detail of the monthly bills of the disconnected due to non-payment. Both these documents placed on record by the Respondent Mark C/1 and Mark C/2 prove that the Petitioner has been paying Line Rent while his Telephone was out of order.
The Bills placed on record by the Petitioner Ex-P/1 to Ex-P/8 and Data placed on record by the Respondents belie the evidence given by RW-1 Naveed Shahid who has appeared on behalf of the Respondent. RW-1 has admitted that they refund Line Rent to the Subscriber to whom service is not provided and if the Telephone is out of order.
In view of the aforesaid reasons the Petitioner has proved hi s case as a consequence this Petition is excepted and he is entitled to refund of the Line Rent deposited by him from December 2006 to March 2008 amounting to Rs. 4300/- along with costs amounting to Rs. 10000/- which shall be paid by the Respondent within 10 days from the date of this Order. The Respondents are directed to immediately restore the Telephone Connection of Telephone
No.5812719.File be consigned to record room after due completion.
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