Failure to restore service due to factors beyond the provider's control, despite earnest efforts, does not constitute deficiency in service; however, billing a customer for a period of known service outage is a deficiency in service.

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD,

THIRUVANANTHAPURAM

APPEAL No.95/2017

ORDER DATED: 05.03.2026

(Against the order in C.C.No.366/2015 on the files of DCDRC, Idukki)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT

SRI. AJITH KUMAR D. : JUDICIAL MEMBER

SRI. K.R. RADHAKRISHNAN : MEMBER

APPELLANTS:

1. The Sub Divisional Telecom Officer, BSNL, Ernakulam

2. The Sub Divisional Engineer, Telephone Exchange, Vannapuram, Thodupuzha Taluk, Idukki

(by Adv. Maya R. Mani)

Vs.

RESPONDENT:

M.D. Devassia, Mundakkal House, Thommankuth P.O., Vannappuram Village, Thodupuzha, Idukki – 685 581

ORDER

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR: PRESIDENT

The appellants are the opposite parties in C.C. No.366/2015 on the files of the District Consumer Disputes Redressal Commission, Idukki (for short, the ‘District Commission’).

The complainant is a senior citizen who had a BSNL connection from 1994. However, the said connection became defective on 15.01.2015. The matter was repeatedly informed to the second opposite party. However, nothing was done to restore the connection. The second opposite party informed the complainant that the defect was due to the cable problem.

The opposite parties filed a joint version inter alia admitting the telephone connection provided to the complainant by the opposite parties. The opposite parties contended that the landline connection of the complainant was working through an underground cable at a length of 6 km from the telephone exchange. The said underground cable got fully damaged due to lightning to an extent of 500 meters and at present, no landline is working in that area. The opposite parties tried to restore the connection twice by drawing overhead cables and drop wires. However, the said cables and drop wires were destroyed by antisocial elements, for which the opposite parties had lodged a petition before the Circle of Inspector of Police, Kaliyar on 16.10.2015. The opposite parties offered WLL and GSM signals, which were fully feasible and working satisfactorily in the locality, to the complainant. However, the complainant was not prepared to accept the said offer. Out of the 500 meters underground cable, the cable was drawn to an extent of 200 meters through the forest area. The opposite parties requested the forest authorities to grant permission for drawing cable for 200 meters through the forest area. However, permission was not yet received. In the said circumstances, the opposite parties are not in a position to restore the landline connection to the complainant. There is no deficiency in service on the part of the opposite parties.

Before the District Commission, PW1 was examined and Exhibits P1 to P6 were marked for the complainant. No evidence was adduced by the opposite parties. After evaluating the evidence, the District Commission allowed the complaint and directed the second opposite party to rectify the defects within 15 days of receipt of the order. The District Commission further directed the second opposite party to pay Rs.5,000/- as compensation to the complainant. There was also a default clause for interest.

Heard both sides. Perused the records.

It is not disputed that the landline connection provided by the opposite parties to the complainant became defective from 15.01.2015. It is also not disputed that the said defect could not be rectified, and the connection could not be restored. The opposite parties would contend that the underground cable to an extent of 500 meters was fully damaged due to lightning. The opposite parties tried to restore the connection twice through overhead cables and drop wires. However, the said attempt was proved to be in vain as the overhead cables and drop wires were destroyed by some antisocial elements, for which the opposite parties lodged a petition before the Circle of Inspector of Police, Kaliyar on 16.10.2015. The opposite parties also offered WLL