MAHANAGAR TELEPHONE NIGAM LTD. vs DILIP KUMAR AGGARWAL

THE present appeal arises out of order dated 28.1.1999 of District Forum-V, Shalimar Bagh, Delhi passed in Complaint Case No. C-884/1998-entitled Shri Dilip Kumar Aggarwal v. Mahanagar Telephone Nigam Ltd.

BRIEFLY stated, the facts are that telephone bearing No. 7253501 was installed at the premises of the respondent-Shri Dilip Kumar Aggarwal. However, on 5.11.1996, the respondent applied for the transfer of the said telephone connection from Wazirpur Industrial Area to Tis Hazari, Delhi and also requested for safe custody of the same during the interim period. The telephone was installed in the chamber of the respondent at Tis Hazari in March, 1997 but the same was not energised. In the meanwhile, as per the requirement of the appellant, the respondent paid up all the pending bills. Despite the payment of the outstanding dues, the telephone of the respondent was not energised and as such the respondent filed a complaint before the District Forum praying for the re-connection of the telephone in question as well as, for directions to the respondent not to charge any rent for the period the telephone of the respondent remained non operational. The respondent also prayed for compensation on account of mental agony and harassment undergone by him. In its reply/written version, filed before the District Forum, the stand of the appellant was that the telephone of the respondent had not been energised as he had failed to pay dues in respect of the telephone in question.

The learned District Forum, however, in view of the facts on record held that there had been deficiency in service on the part of the appellant and, therefore, allowed the complaint of the respondent with the directions to the appellant to immediately energise the telephone of the respondent and not to charge the rental for the period after March, 1997 till the telephone was made operational. It was however, directed by the learned District Forum that in case the rental for the above said period had already been received by the appellant, the same should be refunded to the respondent together with interest @ 12% p.a. along with Rs. 10,000/- as compensation on account of the mental agony and harassment undergone by the complainant, as well as, cost of litigation.

AGGRIEVED by the aforesaid order, the appellant/MTNL has approached this Commission by filing the instant appeal. We have carefully perused the documents/material placed on record, as well as, have heard the parties at length on merits of the appeal. The short point involved in the present appeal is as to whether there is deficiency in service on the part of the appellant in delaying the energising of the telephone connection of the respondent in the circumstances of the case. In this regard, it is an admitted fact on the part of the appellant that after the respondent has paid up all the dues in respect of the telephone connection No. 7253501 an OB was issued for installing the same in the chamber of the respondent at Tis Hazari, Delhi on 5.3.1997 but the same was not energised on the ground that the bills subsequent thereto had not been paid. Therefore, apparently, since the telephone in question was never made operational even after issuance of OB, there is no question of payment of any bills or rental for the same and as such apparently there has been deficiency in service on the part of the appellant in this regard.

HOWEVER, so far the contention of the appellant with regard to the quantum of compensation awarded is concerned, it is apparent that compensation of Rs.10,000/- awarded in the circumstances of the case is on the higher side as contended on behalf of the appellant. Therefore, the ends of justice would suffice, if the quantum of compensation is reduced to Rs. 5,000/-. Accordingly, the present appeal, filed by the appellant, is partly allowed to the extent that compensation of Rs. 10,000/- awarded is reduced to Rs. 5,000/-. It is further directed that the impugned order of the learned District Forum, as modified by this Commission, be complied with by the appellant, within 30 days of the receipt of this order. The present appeal, filed by the appellant, stands disposed of in above terms. Appeal partly allowed.