Abuse of power by General Manager Telecom District, Jalandhar ; Mockery of justice by inviting on pretext of arbitraton
To September 5, 2011
The Secretary Telecom,
Department of Telecom,
Ministry of Communications & IT,
PG & I Section,
20, Ashoka Road,
Ref: No.1: 3-17/2011-PGL Dated 29-06-2011
2: AO (TR)-PGW/ Consumer Forum/2011-12/8 Dated 16-07-2011
SUB: ABUSE OF POWER BY GENERAL MANAGER TELECOM DISTRICT, JALANDHAR; MOCKERY OF JUSTICE BY INVITING ON PRETEXT OF ARBITRATION.
I am constrained to draw your attention to some disturbing decisions taken by the General Manager Telecom District, Jalandhar. Under your control, all the decisions taken are contrary to the rules framed by the department and fundamental rights of the society due to the bureaucratic set up created by our country.
Most regrettably, these painful developments have come a time when the appellant has been called by the Deputy General Manager, BSNL on Friday from 094788-00088 that the General Manager Telecom District, BSNL, Jalandhar want to meet me in connection with the appointment of Arbitrator. I approved the proposal and went today at 4 P.M. especially after traveling 30 K.Ms from Phagwara to find out the solution to end the dispute created by the BSNL since last two years.
By the highhandedness of the officials of the department the applicant became victim of beauracratic system those shield the guilty and offenders in open.
- The General Manager Telecom District, Jalandhar don’t consider the rules framed by the Department, principles of democracy and rule of law.
- It shows that if the officials violate any rule then it is called mistake and the repeated reminders and representations for more than two years with mental agony is considered as routine of the public. Whether the Emergency has been declared by BSNL.
- BSNL General Manager Telecom District clearly at every point says GO TO COURT? WHY BECAUSE HE IS KNOWN THAT NO CBI, ENFORCEMENT DIRECECTORATE, INCOME TAX DEPARTMENT AND REVENUE INTELLIGENCE CAN TAKE ACTION AGAINST THE GUILTY OFFICIALS.
- Whether we are living in an Independent Country. WHETHER I HAD BEEN CALLED TO MAKE CONFRONTATION RATHER THAN RECONCILIATION.
1. As per the request of the General manager Telecom District, Jalandhar I visited his office on the issue of appointment of Arbitrator.
2. The General manager Telecom District, Jalandhar in the presence of The Accounts Officer, BSNL, Jalandhar and the Accounts Officer, BSNL, Phagwara misbehaved with me and shouted on me that GO TO COURT TO SORT OUT YOUR DISPUTE.
3. The General Manager on first point when I shown him that the amount on Broad Band Connection was collected from me i.e. Rs 5515 has been charged from me on 31st March 2009, the Principal amount was Rs 5,000 and Rs 515 had been charged for Service Tax. When I opted for Unlimited plan after 22 months of my submission of fees the amount should be refunded as under:
a. The amount of Service Tax collected should be refunded as when the Service has not been availed then the Service Tax should also be refunded. The General manager argued that the Service Tax is being paid to the Government and so the Tax collected can not be refunded. I tried to convince with example that when we purchase any item from the market. If that item is not utilized and we return the item to the seller then the seller has to refund the amount alongwith tax collected as Vat from the Seller. But the General manager not agreed to my arguments.
b. Second time I put before the General Manager that the Early termination charges has been levied by the Department and I made hundreds of representations in this regard that when I had not made any Early termination then my amount should be refunded. In this case I made hundreds of rounds to the Accounts officer, Phagwara and wrote several letters to different authorities. Ultimately the S.D.O. replied that the Early termination charges will be levied and refused to refund the amount.
c. I proved that the Early Termination charges levied on the subscriber was wrong as the connection had been taken in 2009 and so the Early termination charges after 22 months can not be levied. The General maanger argued that the connection had been taken in 2010. I said Sir the connection had been renewed in 2010. He again argued that the connection has been terminated on 31-3-2010 and again issued so there is termination. I said Sir, from 01-04-2010 that was renewal of the connection not it was New Connection. The General Manager refused to agree to my point. Then I shown the Supreme Court’s decision that unless and until the Security Deposit has not been refunded the contract will stand continued. Then the General manager agreed to my point. On the next moment said that you have got refund of Early Termination Charges so what you want now. I said Sir, I have been struggling from the last two years to get justice. So I should be compensated for the mental agony and pains. At this point General Manager told that what compensation you want. I told him that I had been to New Delhi twice to collect the information which you people were denying. Then I have to struggle from Consumer Forum to Consumer Commission and made several rounds to your offices and so my compensation for providing misleading and vague information from your company amounts to Rs 1 lac as demanded in my application. At this the General manager shouted ‘GO TO COURT IF YOU WANT TO TAKE COMPENSATION”. At this point I packed my file and leave his office.
4. The General Manager is misusing his powers. Rather to make sympathy with the consumer he was shouting at the consumer and was shielding his staff.
5. Though the facts that there are hundreds of discrepancies. When I said that the department is lodging the complaint with Police department of loss of cable made of copper wire whereas such type of cable has never been manufactured by any manufacturer worldwide. The General manager says that this was typographical mistake and justified all the wrong doings of BSNL for the reasons best known to him.
6. Proved facts of wrong doings established but the points dismissed by General Manager Telecom District, Jalandhar by saying that such type of mistakes are genuine and so be overlooked.
7. The commission of offences punishable under Sections 419 and 420 of the Indian Penal Code are being taken as routine matter by the General manager Telcom District, Jalandhar. Whereas the action should be taken against the convict. But the GMTD is himself treating as the Shield to the convict.
8. The departmental action should be initiated against the offenders those are guilty of not following the rules framed by the department and misconduct.
9. That the offneces under Section 420 read with Section 419 of the Indian Penal Code are proved. Though it is proved that the offence for which the officials of BSNL have made offences should be convicted.
- It is prayed that the victim (the complainant) kindly be compensated with payment of compensation.
- That the stern action kindly be taken against the offiials those duped the complainant by imposing penalties and not heed to the requests made several times.
- The departmental proceedings kindly be initiated against the officials if found guilty then they should be terminated from their employment with immediate effect.
- The instructons kindly be given that the staff and officials should not make such type of conduct to desist them to do similar type of activities in future.
- That as on every year the connection as considered by the department as new all the guilty officials Service should be considered as fresh on every year as re-employment with every passing year and the continuity of service kindly be suspended. If the consumers continuity can not be calculated then why the Service continuity of the staff is being calculated. So, all the benefits with continuance of service should be withdrawn.
- As the department has depued several thousand subscriber by not providing service in the days of Service got disrupted with their hard earned money. The case of Fraud kindly be registered against the guilty officials.
Therefore, I seek your personal intervention to sort out the prolonged dispute and make necessary directions to the concerned officials.