DIVISIONAL ENGINEER, CONSUMER FORUM, CAL. TELEPHONES vs CARNATION INDUSTRIES LTD.

BOTH sides are present. Heard learned Counsels for the parties at length. The appellant has assailed the impugned order on the ground that the learned Forum has awarded payment of compensation for the sum of Rs. 5,000/- to the complainant without any tangible evidence to show that in fact that complainant had suffered any damage because of intermittent failure of the service of the telephones. It is admitted that the telephones in question went out of order frequently. The case of the opposite party was that because of works carried on by other agencies, underground cables got damaged resulting in faulty service of the telephones in question. The opposite party has, however, failed to specify who those agencies are and how the underground cables were damages by their works. Nevertheless, the fact remains that the telephones were without any service to the complainant intermittently. The Forum considered every aspects of the matter and also the fact that rental rebate was allowed by the opposite party for the period during which the telephones remained out of order. The Forum specifically noticed that the complainant did not adduce any evidence to show how his business has suffered. But the Forum was of the view that the complainant suffered due to absence of service of telephone and in that view of the matter the Forum directed payment of compensation for the sum of Rs. 5,000/- only. In this background it is to be seen whether the award of compensation of Rs. 5,000/- was justified or not. In support of his submission learned Counsel appearing for the appellant has drawn our attention to one case reported in I (1994) CPJ page 1, to contend that the Forum fell in error in awarding compensation. Having considered the submission of the learned Lawyers appearing for the parties and principle of laws in deciding the case cited above we are of clear opinion that the award of compensation for the sum of Rs. 5,000/- without any evidence whatsoever is not justified. The complainant is reportedly running export and import business and he was without any telephone service for the period for which the telephone remained out of order. He had to rush to the Forum to seek the redress which entailed some cost. Therefore, we think that the justice would be met if a sum of Rs. 5,000/- is awarded to the complainant as cost. Accordingly, the opposite party is directed to make payment of Rs. 5,000/- towards cost within a period of one month by making adjustment from the next bill.

WITH this observation the appeal is disposed of. No cost. Appeal disposed of.