TIMIR BARAN BHATTACHARJEE vs D.E.(INTERNAL), CALCUTTA TELEPHONES

THE petitioner-appellant applied on 11.8.93 for shifting his telephone No. 479-8145 from 20B, Judges Court Road to 102, Sarat Bose Road at Sonarpur for which be deposited his telephone with 479- exchange on the same day, ultimately the said telephone was shifted on 18.7.96 at the appellant''s new address at Sonarpur after about 3 years of the surrender of his telephone and that even pursuant to the order of the District Forum.

THE alleged ground of telephone authority for such delay in shifting the telephone of the appellant as per its statement that the telephone No. 429-8545 was temporarily disconnected on 4.1.94 for Cycle No. 9/93 for Rs. 380/-. It is not intelligible to us how the bill for Cycle No. 9/93 can be drawn when the telephone was surrendered and telephone receiver was deposited on 11.8.93 with the exchange but no whisper has been made about the fate of the said bill for Cycle No. 9/93 and how the appellant is liable to pay the same. It has not been stated that if the shifting of telephone was made on 18.7.96 after payment of the disputed bill or without payment. Similarly no whisper has been made about W/O No. NDP/Misc/94-95 dated 11.4.94 what happened to it. It appears from written objection that another two Works Order Nos. APR/Misc/RX/ 96-97/8004 dated 2.7.96 and APR/Misc/RW/ 96-97/0029 dated 4.7.96 were issued and shifting of appellant''s telephone was effected on 18.7.96 within a period of fortnight as a result of the order dated 3.7.96 of the District Forum, Calcutta to effect shifting the telephone of the appellant within 15 days. It further appears that to perform the departmental formalities it cannot take 3 years. It was due to deficiency in service and laches on the part of the telephone authority it took 3 years to shift the telephone of the appellant causing extreme hardship to the appellant a professional man as a Doctor. It not only caused financial loss to the Doctor for such protracted period of 3 years but also caused harassment, mental pain and torture to him. The loss suffered by the appellant during the course of 3 years practically cannot be instantly measured in money term.

However, considering the facts and circumstances of the case, we award a token compensation of Rs. 10,000/- to the petitioner-appellant payable by the telephone authority within a month from the date of communication of this order.

THUS the appeal is disposed of with the modification as aforesaid without any order as to the costs. Appeal disposed of.