TEJINDER PAL SINGH DHALIWAL vs GENERAL MANAGER, TELECOM-MUNICATION

THE complainant T.P. Singh Dhaliwal, Advocate, resident of village Khandoor, District Ludhiana was relegated to Civil Court by District Forum vide its order dated August 14, 1997 that he is in appeal. It is not necessary to refer to in detail, the pleadings of the parties as we are of the view that very purpose of enactment of Consumer Protection Act would be frustrated if the complaints like one in hand are not entertained and decided on merits by the FORA and the complainants are left to seek remedies before the Civil Court, which is otherwise a cumbersome remedy requiring lot of time. In nutshell the complainant''s grouse is that his Telephone No. 842316 went out of order on February 2, 1997 and was not set right. Whereas according to the Telephone Department as and when complaints were made the same were attended to. However it was denied that with effect from February 2, 1997 the telephone remained out of order. Some dates were mentioned in the written statement when his telephone went out of order and when the same was set right.

SIMPLY because there were disputed questions as above involved, in such like complaints the FORA was not to relegate the parties to the Civil Court. Such questions could be adjudicated on evidence to be produced by the parties, may be on affidavits or official records. This appeal is allowed. The order of the District Forum is set-aside. The case is remanded to the District Forum for decision according to law. Parties present are directed to appear before the District Forum on May 10, 1999. Copy of the order alongwith District Forum records be sent there promptly. Appeal allowed.