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D.B. BARUAH vs TELECOM DISTT. MANAGER, GUWAHATI

National Consumer Disputes Redressal Commission · Decided on 5 March 1994 · Citation: 1994 3 CPJ 184

HON’BLE JUDGES
S.N.Phukan , A.C.Bora J.
RESULT
Appeal disposed of
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Judgment

5 paragraphs · 380 words
1.

THIS appeal is directed against the judgment of the District Forum, Kamrup, Guwahati in C.P. Case No. 71 of 1991.

2.

THE case of the complainant/appellant in brief is that his telephone No. 61476 (new) remained dead during the period from 15.2.89 to 31.5.90 and therefore he submitted a petition to the Chief General Manager for refund of Rs. 1,500/- paid by him for the period as rent. THE Telecom District Manager informed the appellant-complainant that a rebate of Rs. 200/- was given. According to the appellant/complainant the telephone went dead again from 2.10.91 to 4.11.91. THErefore, he is entitled to get refund of rent of Rs. 1,700/-. THE claim of Rs. 10,000/- has also been put in as damages. The District Forum refused to grant any compensation but directed rental rebate of Rs. 1100/-. Hence the present appeal.

Heard Mr. K.K. Bhatra, learned Counsel for the appellant and Mr. K.N. Chaudhary, learned Counsel for the Department.

3.

REGARDING claim of Rs. 10,000/- as damages the District Forum has considered the matter and refused to grant any compensation in absence of any evidence on this count. We do not find any scope to interfere with the above finding in absence of any material on record. Regarding rebate, in the memo, of appeal, various amounts have been claimed for the period during which the telephone was not functioning.

4.

WE have perused the record and also the various letters and we are of the opinion that the District Forum rightly granted refund of rent for the above period in question, namely, 15.2.89 to 31.5.90. According to learned Counsel for the appellant though the District Forum assessed the amount of rent as Rs. 1100/- but actually it should be more, namely Rs. 1700/-. WE are not going to make any calculation and it is for the Telecom Department to calculate the amount. WE modify the judgment by directing the Telecom Department to give full refund of rent for the period from 15.2.89 to 31.5.90 and if it is more than Rs. 1100/-, the Telephone Department shall refund the excess amount. The amount need not be refunded to the appellant/complainant and it may be adjusted against future bills. With the above direction the appeal is disposed of. No costs. Appeal disposed of.