O.P.GUPTA vs MAHANAGAR TELEPHONE NIGAM LIMITED

THE present appeal has been filed assailing the order dated 21.10.2000 passed by the District Forum-III, Janakpuri, New Delhi in Complaint Case No. 99/2000 - entitled Shri O.P. Gupta v. Mahanagar Telephone Nigam Limited.

THE relevant facts of the instant appeal, in brief, are that the appellant had filed a complaint before the District Forum under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ''the Act'') averring therein that the appellant had never received bill dated 16.7.1999 in respect of his telephone No. 5681160 and as such a duplicate bill was obtained and the amount of Rs. 1,260/- was duly deposited by the appellant with the concerned collection centre of the respondent on 13.10.1999. However, the subsequent bill dated 16.9.1999 had been duly paid on 12.10.1999. Inspite of the fact that no dues were outstanding, the telephone of the appellant was disconnected by respondent on 14.10.1999 on the ground of non-payment of bill dated 16.7.1999. In the circumstances, the appellant had to approach the concerned office of the respondent on 15.10.1999 and on showing the receipt of the payment of bill dated 16.7.1999, an OB was issued for the restoration of the telephone but the same could be restored only on 20.10.1999, i.e., after a week. As such the appellant approached the District Forum with his complaint praying for a compensation of Rs. 5,000/- on account of being deprived of the use of his telephone for the period from 14.10.1999 to 20.10.1999. The defence of the respondent in its reply/written version, filed before the District Forum was, that the bill dated 16.7.1999 had been duly sent to the appellant and in case the same had not been received by the appellant, it was the duty of the appellant to obtain a duplicate copy and make payment with regard to the same. It was, however, admitted that the appellant had paid the said bill on 13.10.1999 but because the procedure provided for late payment had not been followed by the appellant, the telephone No. 5681160 had been disconnected on 14.10.1999. However, since the appellant had intimated the concerned officer about the payment of the said bill on 15.10.1999, an OB had been issued immediately and the telephone of the appellant had been restored. As such there was no deficiency in service on the part of the respondent and the complaint filed by the appellant was, therefore, liable to be dismissed with costs.

The learned District Forum dismissed the complaint of the complainant on the ground that there was no negligence on the part of the respondent.

AGGRIEVED by the aforesaid order, the appellant has approached this Commission by filing the instant appeal. We have carefully perused the documents/material on record, as well as, have heard the arguments advanced on behalf of the parties. The main grievance of the appellant is that despite having paid all the dues in respect of his telephone, the same was illegally and unjustifiably disconnected by the respondent and he had been deprived of the said amenity for about a week. It is borne out of the record and is an admitted fact that despite the fact that the OB was issued for restoration of the telephone of the appellant on 15.10.1999, the same could be restored only on 20.10.1999 and as such the finding of the learned District Forum vide impugned order that there was no deficiency in service on the part of the respondent is not justified. It was the duty of the respondent to ensure that the telephone of the appellant, if could not be restored on 15.10.1999 itself, should have been restored on the following day. There is no justification for non-restoration of the telephone of the appellant till 20.10.1999 and as such on account of the fact that the appellant had been deprived of the use of his telephone for about 4 days, it would suffice the ends of justice if a compensation of Rs. 500/- is awarded for the same. Accordingly, the present appeal, filed by the appellant, is allowed with the directions to the respondent to pay to the appellant a sum of Rs. 500/- (Rs. five hundred only) within 45 days of the receipt of this order, failing which, the said amount would carry interest @ 12% p.a. from the date of this order till actual payment. The present appeal stands disposed of in above terms. Appeal disposed of.