Can i legally proceed against BSNL for deficient services

807 votes

Hello,
Yes you can File a Consumer Complaint in Delhi for compensation for deficiency in services as well as mental agony from which your aged parents suffered. only you have to do one thing that is collect all the documents and complaints which you registered through online portal. if you need further guidance you may contact with me for the same.

Advocate Shakti Verma LawRato

795 votes

You have said that " I demanded rebate for the downtime as per TRAI rules which they kept refusing till my RTI requests to BSNL HQ". In this regard kindly mention as to what was the reply of BSNL? Anyways as regards your queries 1) Yes, you can approach Consumer Forum for the said lapse in view of Section 2(d)(ii) of Consumer Protection Act, 1986 as you constitute a 'Beneficiary who avails service with the approval of the one who is hiring or availing the service, i.e, your father'. As regards place of suing being Delhi, then Yes Delhi could be place of suing as your case shall be covered by Section 11(2)(b) of the Consumer Protection Act, 1986 but same shall not be as a matter of right and it shall be subject to the leave of forum or acquiesce on the part of BSNL, Uttarakhand since it is not carrying on its operation in Delhi 2) Yes, you can claim compensation for deficient services provided to you in the last two years but please make sure that period of limitation to approach consumer fora is 2 years from the date of arising of cause of action though same may be relaxed in appropriate circumstances in view of Section 24A of CP Act, 3) Yes you may claim compensation for mental agony as well.

In addition, I would also like to bring to your notice "Telecom Consumer Complaint Redressal Regulations, 2012" as available on website of TRAI wherein Regulation 9 provides for an Appellate Authority to deal with grievance arising out of manner in which complaint has been dealt with by the Complaint Centre and Regulation 16 provides for Time Bound disposal of complaints which are referred to Service Provider through TRAI(Hence you can approach TRAI as well) so you still do have these options available at your disposal though it is not necessary to exhaust these remedies before resorting to CP Act.

Advocate Bonny Mehra LawRato

801 votes

1. Yes you can initiate legal proceeding in consumer court in delhi, but before you do so I would suggest you to approach BSNL Customer Grievances Redressal .... 27, IR Hall, Eastern Court, Janpath , New Delhi-110001. Just to make sure you won't have such issues.
2. Of course you can demand compensation
3. Yes you can also demand compensation for inconvenience and mental agnoy as well as expenses for legal proceeding.

Advocate Shipra Satija LawRato

705 votes

Sir,
I understand your problem. the answer of your query is -
1. No you can not initiate the legal proceeding in delhi because the cause of action arised in Dehradun.
2. Yes you can demand compensation in consumer court of dehradun
3. yes you can demand compensation for mental agony, litigation charges, etc.

Advocate Sonam Priya LawRato