ASSISTANT ENGINEER (PHONES), DEPARTMENT OF TELE COMMUNICATION vs Branch Manager, Bank of Baroda

THIS is an appeal against the judgment and order dated 18.7.1992 passed by District Consumer Forum, Haridwar in Complaint Case No. 80/1991.

THE facts of the case stated in brief are that the complainant had two telephones bearing Nos. 7535 and 6696. According to the complainant, the Telephone No. 7535 was installed at the office and Telephone No. 6696 was installed at the residence of the complainant. Both these telephones were not working properly since June, 1991 and used to develop defects from time-to-time. It is farther alleged that the Telephone No. 6696 is continuously dead with effect from 2.9.1991 and cannot be used. THE Telephone No. 7535 is dead from the month of August, 1991. Inspite of several complaints with the Department nothing has been done to keep these telephones in perfect working condition. The complainant has given the dates when he made the complaints. On the other hand, the Telephone Department has alleged that with respect to Telephone No. 7535 complaint was made on 28.6.1991 and the defect was rectified on 1.7.1991. Since 1.7.1991 the telephone was working well and thereafter it developed defects which was cured on 13.7.1991. There was again a fault on 14.9.1991 which was rectified. The Telephone No. 6696, it is alleged that it has no defect.

The parties filed evidence, on the basis of which the learned District Forum has come to the conclusion that the above deficiency in service is on behalf of the Telephone Department. It, therefore, partly decreed the claim of the complainant by awarding Rs. 5,000/- as damages along with 12% per annum interest and cost of Rs. 250/-.

AGGRIEVED against this order, the Telephone Department has come in appeal and has challenged the correctness of the order passed by learned District Consumer Forum. We have issued notice to the parties in Service Postage Stamp as none was present on the previous dates. Inspite of intimation none was turned up to argue the case. We have perused the file and proposed to dispose of the appeal on merits. A perusal of the file will go to show that the complainant had complained to the Telephone Department about non-working of both the telephones which are installed at his residence as well as office. With respect to Telephone No. 7535 the Telephone Department has admitted that it developed defects which were rectified. With respect to other Telephone No. 6696, it has been stated that there was no defect. The learned District Forum has gone through the evidence which was filed by the parties before it. No document has been produced before the learned District Forum by the Department concerned in order to show that both the telephones were working satisfactorily and the complaint filed is without any force. The Telephone Department should have filed the copies of complaint which was lodged by the complainant and the action taken by them of those complaints. All these documents were available with the Telephone Department. Moreover, the Telephone Department should have also filed the copies of the bills which were issued to the complainant which would have shown as to whether telephones were working during the period. It is alleged that they were defective. The learned District Forum has considered all the aspects of the matter and we do not find any flaw in the judgment of the learned District Forum. We have, however, considered the compensation which has been awarded at Rs. 5,000/-. In our opinion, this compensation appears to be on the higher side. In our view, a sum of Rs. 1,500/- is sufficient to cover the damages caused to the complainant. Interest at the rate of 12% has also been allowed on the amount. In our opinion, the interest should not have been awarded by the learned District Forum which is liable to be strucked down. The cost of Rs. 250/- is justifiable. Thus, we find that the appeal is liable to be allowed partly. ORDER

THE appeal is partly allowed and the amount of compensation is reduced to Rs. 1,500/- and no interest shall be payable on it. THE rest of the judgment and order of the learned District Forum shall remain intact. Let compliance on this order be made within a period of two months. 9 .Let copy of this order be made available to the parties as per rules. Appeal partly allowed.