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2012 Supreme(Pat) 1502
IN THE HIGH COURT OF PATNA
Ajay Kumar Tripathi, J.
Paras Nath Prasad, son of Late Dharmdeo Prasad, resident of Mohalla – Adarsh Nagar, Near Hero Honda Agency, Shiva Enterprises, P.O. and P.S. – Samastipur, District – Samastipur (Bihar) - Petitioner/s
Versus
The Union Of India & Ors - Respondent/s
Civil Writ Jurisdiction Case No. 926 of 2011
Decided on : 30.11.2012
For the Petitioner/s: Mr. Pravin Chandra Prasad
For the Union of India: Mr. Santosh Kumar Singh, CGC
For the BSNL :Mr. J. P. Karn, Sr. Advocate
Obligation of the service provider to revive old disconnections and technical failures, especially when the customer is still committed to them.
Headnote:
BSNL - Telephone Connection Restoration - The court directed BSNL to restore the petitioner's telephone connection within four weeks, emphasizing the obligation of the service provider to revive old disconnections and technical failures, especially when the customer is still committed to them.
Fact of the Case:
The petitioner's telephone connection with BSNL went dead in 2007 due to non-payment of bill and had not been restored for several years.
Finding of the Court:
The court directed BSNL to restore the petitioner's telephone connection within four weeks and emphasized the petitioner's commitment to the service provider despite bad services.
Issues: Non-restoration of telephone connection by BSNL, petitioner's commitment to the service provider.
Ratio Decidendi: The obligation of the service provider to revive old disconnections and technical failures, especially when the customer is still committed to them.
Final Decision: Writ Application is allowed, and BSNL is directed to restore the petitioner's telephone connection within four weeks.
The respondent-BSNL should be proud of a customer, who is still committed to them like the present petitioner, since despite bad services in all these years he is still willing to stick to them as a service provider.
2. Admittedly, telephone connection of the petitioner went dead, sometime in the year 2007 for non-payment of bill and thereafter it has not been restored or service is not in place in all these years.
3. The Court is aware that in these days of serious competition in providing telecom facility, BSNL has scheme to revive such telephones by granting concession in the rental etc., especially if it is a case of old disconnection and technical failure. This aspect may be taken into consideration especially when the petitioner still wants to stay with the BSNL as a service provider and would like his telephone to be restored.
4. The Sub-Divisional Telecom Manager, BSNL, Samastipur Telecom District, Samastipur is hereby directed to ensure that the telephone of the petitioner is restored within a period of four weeks from the date of production / communication of a copy of this Order and whatever is required to be done in terms of the obligation part of the petitioner should be done in the said time-frame.
5. Petitioner will carry out the obligation created against him in this regard.
6. Writ Application is allowed.
