BROAD BAND DISPUTE CASE HISTORY OF CHINMAY KAR - AN OLD AGED DISABLED PERSON - NEGLECTED, IGNORED AND DIFFERENTIALLY TREATED

[Chinmay Kar]

BROAD BAND DISPUTE CASE HISTORY OF CHINMAY KAR
- AN OLD AGED DISABLED PERSON - NEGLECTED, IGNORED
AND DIFFERENTIALLY TREATED

1. Though not asked for, a Work Order issued by BSNL for supply of Modem Type-II @ Rs.90/- per month for Broad Band connection provided to me on 04.07.09. BSNL provided me a Modem Type-I @ Rs.60/- per month but started sending bills showing Modem charges as Rs.90/- per month instead of actual charge of Rs.60/-. The issue was brought to the notice of local Telephone Exchange several times through my daughter & responsible aged friends who contacted officer in charge. The officials did not take any action, ignored and neglected the issue.

2. Since I cannot move due to physical disability the issue was brought to the knowledge of Dr. S.K.Chakroborty, Chief General Manager / Kolkata Telephones through e-mail to on 12-03-2008. CGM were requested to waive modem charges as a humanitarian consideration to this handicapped old men in the event of excess charges of Rs.30/- realized each month wrongly. Although more than 12 reminders & letters have been issued to CGM up to 07-03-2009, CGM preferred issuing 4 Nos. of e-mail to me stating" You are receiving my attention. -CGM did not take any steps either to waive Modem charges or rectify their mistakes for charging at higher rates continuously.

3. In November'08 BSNL Co announced that" Home Plan UL-750" reduced to Rs.500 for a specific period and existing Broad Band customers may migrate to this scheme. Accordingly I applied for conversion of my Home Plan-500 to Home Plan UL-750 reduced to 500 w.e.f 27-11-2008. i.e. my status on 01-12-2008 as user as Home Plan UL-750(Reduced to Rs.500/-). As per prevailing tariff of BSNL Co, a security deposit is to be deposited equal to one month rate of the plan availed of. In this instant case my payable amount for the plan is Rs.500/- and accordingly I am required to deposit Rs.500/- only. Miss interpretation of the tariff compelled me to deposit an amount of Rs.250/- extra. I finally did not include this as a claim but just to record the whimsical actions by BSNL Co. I referred this.

4. As since 12.03.08 the case could not be settled at CGM / Kol level, the matter was referred to CDM / BSNL / Delhi for intervention at the highest level of the company vide e-mail letter dated 07.03.09. In reply CDM / BSNL / DLI intimated that they have forwarded the case to CGM for necessary action and advised me to report out come after 7 days vide e-mail letters dated 09.03.09 & 10.03.09.

5. As per CDM's instruction dated 09.03.09 & 10.03.09, 8 Nos of 7 days status report sent to CDM's office on expiry of each week. 8th report sent on 24-05-2003. All these reports contains different dialogues exchanged between me and BSNL Co. officials, report on progress if any made and clarifications sought for etc. but situation did not improved rather further financial losses sustained.

6. As practically no positive action initiated to solve problems even after intervention by CDM's office, a detailed summary case was brought to the notice of Mr. Kuldeep Goyel, CDM / BSNL vide E-mails dated. 11-06-2009 followed by 07-07-2009 seeking his intervention. CMD / BSNL vide his e-mail dated. 06-08-2009 informed that they have sent the case to concerned CGM for necessary action. Mean while Tech Secy of CGM's offices vide e-mail dated 05-08-2003 clarified certain points which have been refutted by me as nothing came out fruitful.

It will be interesting to observe from this case that a genuine mistake pointed out to highest authority as early as on 12-03-2008 were neglected, ignored for months after months causing financial loss to this old disabled men. BSNL had to accept the mistake as they adjusted some amount from bills but without any details of refund, rules and regulations etc. Implementing rules made out at their own whelms, making differential treatments to an old aged disabled person etc. Proposal for a joint meeting to finalize the case was given but not responded but negligence, ignorance and differential treatment to an old aged disabled person continued. For better appreciation of the case complete set of documents enclosed.
Chinmay Kar 11-08-2009

[KODAKKAL SHIVAPRASAD]

Dear Chinmay,

Thank you for writing to us, it's better to post this issue at legal aid cell's legal councel column enable you to take mediation between BSNL to settle the grievances with amicable or alternative remedy etc. To fulfill the criteria you have to produce your date of birth etc and posts the grievances at : www.disabilityindia.org/legalaid.cfm#1 to an immediate action.

The expert lawyers will handle your case there at legal aid cell, you haved to pay nominal fees as suggested by experts in reutrn of reply after posting your grievances.

with best wishes,
KODAKKAL SHIVAPRASAD

[Chinmay Kar]

Thank you. I have noted your suggestions.

You might have gone through the 8 Nos. of weekly status reports sent as an accompaniment to my posting at General Discussion of Kodakkal.ning.com .
To tell you frankly, at this stage I am not interested to drag the case to the floor of law rather confident that various administrators of both private company and government organization have the efficiency to find out loose threads of the issue and set it right. That is why I am allowing enough time for this case. I have posted the case at "GD" of Kodakkal just for awareness of every one that even a half bodied disabled man can resist eventualities with his unusual left hand blow. You must have observed that BSNL have accepted 60% of my claims by this time. Unless 40% is accepted issue will remain as cancer to BSNL.Co, a lessee company to DOT / GOI acting so far with out a Tel. Act.

I had an experience of handling, tackling independently for more than 75 high value engineering contract disputes / differences and claim cases between GOI -vs- Govt. Contractors at different courts, arbitrators' etc. over a spell of 30 yrs. This experience however inspired me to encounter any wrong happenings. I have eminent lawyer friends at HC /Kol and Supreme Court who will render services for me free of cost but would like to stay away from legal proceedings until total administrative channel is exhausted. Hope I have clarified my stand. Have a nice day
chinmay kar 13-08-2003

[KODAKKAL SHIVAPRASAD]

Dear Chinmay,

You are right, perfectly described the situation, hoope it be inspiration, be take a moral to every disabled about how to outcome from the grievances, when in crisis etc. However my objective of legal aid cell is settle the matter amicable, i.e. out of court with alternative remedy, conciliations,mediations etc. but your case has been 60% finalised therefore let us wait for complete settlement on your case.

Hope to keep in writing such moral and be inspired activities as and when it arise.

with best wishes,
KODAKKAL

[Chinmay Kar]

Though too late but Bharat Sanchar Nigam Limited / Kolkata Telephone's have granted as a very special case one free Broadband Modem (Type-1) of humanitarian issue. Cognition of a case of PWD on humanitarian ground by BSNL deserves highly appreciation. Detail correspondences and further follow up is enclosed as annex. for information all our members and well wishers - Chinmay Kar 20-08-2009

[KODAKKAL SHIVAPRASAD]

CONGRATULATION IN GETTING FREE BROADBAND MODEM [Type-1], keep it up.

KODAKKAL

[Chinmay Kar]

It will be interesting to see the following:-"BROAD BAND PROCEEDING TO A ZERO SPEED TARGET: JULY'07=1500 kbps- NOV'08 = 450 kbps- JUNE'09= 60kbps- DEC'09=0 kbps?" Gradually reducing speed of Broad Band services of BSNL / Kolkata was brought to the notice of all concerned [Attached document may be seen]. On 01-09-09 the speed was 66.5 kbps. On 03-09-09 further down to 41 kbps. Achieving "0" target very faster, appreciation letter issued on 03-09-09 evening. To day morning at 8.50 AM SPEED gained 507.2 kbps. - Chinmay Kar 04-09-09

[Chinmay Kar]

Up to date information: CMD has informed vide e-mail dated. 03-09-2009:-
"Re: BROAD BAND PROCEEDING TO A ZERO SPEED TARGETThursday, 3 September, 2009 3:00 PMFrom: "cmdbsnl" View contact detailsTo: "Chinmay Kar"


Dear Sir,



We acknowledge receipt of your mail. The same has been forwarded to KOLKATA

Telecom circle / Telephones for necessary action with intimation to you.



With Kind Regards.



AGM (Cordn. – I)

CMD SECTT"
- Chinmay Kar 14-09-2009

[Chinmay Kar]

Latest development is placed on board for information.-"CGM / BSNL / KOL

Sub: "How it looks:-" placed before CMD/BSNL" - case of Chinmay Kar
Ref: My E-mail dated. 20-08-09 to CMD, copy to you.

Refer to para (f)-should be (g) of your e-letter dated. 05-08-2009 which is reproduced.
"f) One free broadband modem (type-1) is granted as a very special case of humanitarian issue. This will be effective from August’09."
Further this has been confirmed by your local telephone exchange and zonal office Alipore

Since as per (f)-should be (g) above free modem takes effect from 01-08-09 necessary reduction has to be reflected in bill for Septr'09 (i.e. period from 01-08.09 to 31-08-09). Where as record shows as follows:-
May'09 = Rs.552/- Bill received & paid.
June'09 = Rs.552/- Bill received & paid.
July'09 = Rs.552/- Bill received & paid.
Aug'09 = Rs.552/- Bill yet to be received. Web information.
Thus there has been no reduction / change in bill due to implementation of orders mentioned above.

Could to disclose for our information the hidden magic / logic or strategy behind the screen.

All the remaining issues mentioned in letter dated 20-08-2009 remains outstanding / unsettled till date which may be noted. Thanks." - Chinmay Kar 14-09-2009

[KODAKKAL SHIVAPRASAD]

We may wait for further period, to say 15 days time limit, thenafter we should proceed for mediation. Hope to get refund the excess charges if any inspite BSNL issued you free broad-bond modem device.

[Chinmay Kar]

Copy of latest written to highest authority of BSNL, TRAI and MOCIT on 29-09-09 is posted for information and knowledge of all concerned - Chinmay Kar 29-09-09 12.10 PM

"With best wishes to you for Vijaya ‘2009

Dear Sri. Goyel,

Sub: "How it looks:-" placed before CMD/BSNL

Ref: 1) Your office E-mail dated. 01-07-2009

2) T.S / CGM's office e-mail dated.05-08-2009 to me
copy to CMD & reply there to duly copy endst to you.
3) All the communications made so far to you are available at
your office may please be referred to.

This time your kind personal attention is invited to the entire issue rest with CGM / Kolkata right from 12-03-08 to till date. CGM / Kolkata might have made efforts to solve the issue but it appears that he has no control over his administration as such miserably failed to sort out. [All copies of correspondences are already available with CMD office]

Even interferences by your office in the shape of Post office manner, by just simply forwarding copy of the letter to CGM have however no impact on a decontrolled situation prevailing at CGM’s own office. Again CGM miserably failed (as he has practically no control over his administration) to sort out problems in all respect though digested a default rectified in improper manner & now even hesitant to accept a sue motto proposal given to settle the long outstanding case. However your kind personal attention is invited to my case in respect of matter arising out of letters already available with you / records. Some copies as ATTACHMENT already available with you are sent for ready reference for taking suitable action to close the long standing case. It is however be clearly be noted that unless the undersigned certifies that the case is closed it will be on. Simply departmental clearance will not be treated as case closed.

INCIDENTALLY IT MAY KINDLY BE NOTED THAT THIS IS A CASE OF EXTREME NEGLEGANCE, IGNORANCE AND A DIFFERENTIAL TREATMENT TO AN OLD AGED DISABLED (PWD) SR.CITIZEN BY CGM / BSNL /KOLKATA WHICH HAS BEEN REPEATEDLY REPORTED TO YOU.

Thanking you. Yours sincerely,

Chinmay Kar 29-09-09


Copy to TRAI for information and necessary action. As a regulatory authority this office needs to ensure weather their all instructions issued by them are being carried out by their leases concern. All relevant copies of letters are already available with TRAI which may kindly be seen and actions initiated accordingly.

Chinmay Kar 29-09-09


Copy to MOSCIT for information. This is to bring it to the notice that copies of all letters in connection with the present case are already available with his office. As a Parent Unit Office He is requested to look into the case and instruct suitably so that long outstanding trouble is sorted out.

Chinmay Kar 29-09-09"

[Chinmay Kar]

At the end of Festive season, CMD- BSNL contacted again to the long outstanding issue kept alive:-
Letter placed on board for perusal please.
"Fw: "How it looks:-" placed before CMD/BSNLMonday, 19 October, 2009 8:01 PMFrom: "Chinmay Kar" Add sender to ContactsTo: "Goyel-CMD" Cc: "trai" , "trai-finance" , "trai-secy" , "[e-mail]" Message contains attachments2 Files (330KB) | Download Allskfor.docDDGPG-Report.docWishing You Happy Diwali '2009
I wish Diwali may bring joy, happiness and prosperity to all on this planet.
Festive season spread over a month since over and as such we may revert back to settle the long pending issues with a new sprit. Your kind cooperation and intervention solicited. Letter dated 29 September, 2009 placed below may kindly be seen.
Chinmay Kar 19th Oct' 2009


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Visit Web site: http://www.chinmaykar.ning.com or http://www.kodakkal.ning.com


--- On Tue, 29/9/09, Chinmay Kar wrote:


From: Chinmay Kar
Subject: "How it looks:-" placed before CMD/BSNL
To: "CMD-BSNL"
Cc: "trai" , "trai-finance" , "trai-secy" , "[e-mail]" Date: Tuesday, 29 September, 2009, 11:23 AM


With best wishes to you for Vijaya ‘2009

Dear Sri. Goyel,

Sub: "How it looks:-" placed before CMD/BSNL

Ref: 1) Your office E-mail dated. 01-07-2009

2) T.S / CGM's office e-mail dated.05-08-2009 to me
copy to CMD & reply there to duly copy endst to you.
3) All the communications made so far to you are available at
your office may please be referred to.

This time your kind personal attention is invited to the entire issue rest with CGM / Kolkata right from 12-03-08 to till date. CGM / Kolkata might have made efforts to solve the issue but it appears that he has no control over his administration as such miserably failed to sort out. [All copies of correspondences are already available with CMD office]

Even interferences by your office in the shape of Post office manner, by just simply forwarding copy of the letter to CGM have however no impact on a decontrolled situation prevailing at CGM’s own office. Again CGM miserably failed (as he has practically no control over his administration) to sort out problems in all respect though digested a default rectified in improper manner & now even hesitant to accept a sue motto proposal given to settle the long outstanding case. However your kind personal attention is invited to my case in respect of matter arising out of letters already available with you / records. Some copies as ATTACHMENT already available with you are sent for ready reference for taking suitable action to close the long standing case. It is however be clearly be noted that unless the undersigned certifies that the case is closed it will be on. Simply departmental clearance will not be treated as case closed.

INCIDENTALLY IT MAY KINDLY BE NOTED THAT THIS IS A CASE OF EXTREME NEGLEGANCE, IGNORANCE AND A DIFFERENTIAL TREATMENT TO AN OLD AGED DISABLED (PWD) SR.CITIZEN BY CGM / BSNL /KOLKATA WHICH HAS BEEN REPEATEDLY REPORTED TO YOU.


Thanking you. Yours sincerely,
Chinmay Kar28th September'2009
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Visit Web site: http://www.chinmaykar.ning.com or http://www.kodakkal.ning.com


Copy to TRAI for information and necessary action. As a regulatory authority this office needs to ensure weather their all instructions issued by them are being carried out by their leases concern. All relevant copies of letters are already available with TRAI which may kindly be seen and actions initiated accordingly.
Chinmay Kar 28-09-2009
Glitter Graphics


Visit Web site: http://www.chinmaykar.ning.com or http://www.kodakkal.ning.com

Copy to MOCIT for information. This is to bring it to the notice that copies of all letters in connection with the present case are already available with his office. As a Parent Unit Office He is requested to look into the case and instruct suitably so that long outstanding trouble is sorted out.


Chinmay Kar 28-09-2009
Glitter Graphics


Visit Web site: http://www.chinmaykar.ning.com or http://www.kodakkal.ning.com