M.T.N.L. vs H.D.SHARMA

THIS is an appeal against the order of the District Forum dated 19.11.91 in complaint No. 1240/91.

THE brief facts of the case are that Sh. H.D. Sharma respondent (complainant in die District Forum) is a publisher of a monthly magazine called ''Voice of Sivananda''. His telephone connection bearing No. 7222007 at his residence No. BC-103, East Shalimar Bagh, Delhi remained out of order from 1.6.90 to 9.6.90. He lodged a complaint at Shakti Nagar Exchange which was registered at 166. He further lodged a complaint which was registered in the office of the General Manager, M.T.N.L. and also a written complaint was lodged by him with the General Manager (North) on 7.62.90. He made several'' calls for rectification of his telephone. His telephone became operative only on 9.6.90. On account of a deficiency in service of restoring his faulty telephone he claimed an amount of Rs. 3,600/- as compensation/ damages as he was deprived of the use of his telephone for a period of nine days resulting in loss, harassment, tension and mental agony. THE District Forum, vide its order referred to above directed the appellant (respondent in the District Forum) to refund rental charges for a period of 9 days from 1.6.90 to 9.6.90 and to pay Rs. 900/- as damages/ compensation for deprivation of the use of telephone for 9 days (a) Rs. 100/- per day. THE appellant has come up in appeal against this order of the District Forum. We have heard the parties and perused the record. It is admitted by the appellant that the telephone went out of order on 1.6.90 and was restored on 9.6.90. They have accepted their responsibility for refunding the rental of the telephone for a period of nine days. However, they have contended that the learned District Forum had not given any basis on which they have quantified the damages @ Rs. 100/- per day awarded to the respondent (complainant in the District Forum). It is admitted that inconvenience would have been caused to the respondent due to the non-availability of the telephone. However, in the absence of any basis for calculating the damages on per day basis the learned District Forum had erred in granting the respondent an amount of Rs. 900/- calculated (a) Rs. 100/- per day for a period of nine days for which the telephone remained out of order.

We have duly considered the arguments put forth by the appellant and find force in them. We uphold the order of the District Forum that the respondent is entitled to rebate for a period of nine days on account of rental in the telephone from 1.6.90 to 9.6.90 the period during which the telephone remained out of order. However, in the absence of any basis for quantifying the damages on per day basis we modify the order of the District Forum and award an amount of Rs. 500/- as damages to be paid to the respondent within a period of two months. The order of the District Forum is amended accordingly. No order as to costs. Order amended.