M And N PUBLICATIONS LTD. vs ATHURRINISSA BEGUM

THE opposite party M/s. M & N Publications Ltd. against which an award has been passed by the District Forum, is the appellant. THE two complainants are respectively wife and husband. Both of them are Doctors. On a careful reading of the complaint, the case of the complainants appears to be that they gave certain particulars to be published in the Yellow Pages of Telephone Directory by the opposite party relating to the years 1992, 1993 and 1994. Regarding those particulars, the opposite party have committed mistake and on account of that the complainants had suffered mental agony. On these grounds, alleging that the opposite party have committed deficiency in service, the complaint was filed.

THE opposite party remained ex-parte. The District Forum had given a finding that it is true that the opposite party have committed deficiency in service. It passed an award for a sum of Rs. 20,000/-.

Now in the appeal by the opposite party, it is contended that the order passed by the District Forum is against the evidence and probabilities of the case and therefore it is liable to be dismissed. Regarding the year 1992, the District Forum has held that the claim is barred by limitation and therefore, the claim regarding that has been rejected. What remained was only with regard to the years 1993 and 1994. Regarding the year 1993, it is stated in the complaint that the telephone number given by the complainants to be published has been wrongly described. But nowhere in the complaint it is stated as to what was the correct telephone number and what was the wrong telephone number given in the publication. Then it is stated that the 2nd complainant''s name is not found under the heading "VD" as per the particulars given. But on verification of the Yellow Pages of the year 1993, it is found that the 2nd complainant''s name has been printed under the heading "VD" alongwith the heading "Chest and T.B. Diseases".

THEN, regarding the year 1994, it is stated that the 1st complainant''s name has been omitted in the Yellow Pages. This allegation is not disputed inasmuch as no counter has been filed. THEN, the complainant has filed an affidavit in which he has mentioned about this fact. Therefore, regarding the allegation that in the Directory for the year 1994, the 1st complainant''s name has not been printed in the Yellow Pages has been proved. This being the position, the complainants will be entitled for compensation only in respect of the allegation that the 1st complainant''s name has not been printed in the Yellow Pages for the year 1994 and in other respects the complaint is liable to be dismissed. For the said deficiency in service we are of the view that a sum of Rs. 3,500/- would be reasonable compensation. In the result, therefore, the order of the District Forum is set aside and instead we pass an award for a sum of Rs. 3,500/-. This amount shall be paid within 30 days from today. There will be no order as to costs. Appeal disposed of.