OFFICE OF GENERAL MANAGER Vs. KISHORI LAL SHARMA

JUDGEMENT

(1.) THIS appeal by General Manager, Telecom, District Kangra at Dharamshala, is directed against the order dated 08.08.2014, of learned District Consumer Disputes Redressal Forum, Kangra at Dharamshala, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed against him, by respondent, Kishori Lal Sharma, has been allowed and a direction given to him, to restore the landline telephone connection of the respondent and also to pay him compensation of Rs. 5,000/ - and litigation expenses quantified at Rs. 2,000/ -.

(2.) RESPONDENT , Kishori Lal Sharma, filed a complaint, under Section 12 of the Consumer Protection Act, 1986, against the appellant alleging that he had been provided a landline telephone connection in his village Sunet (Bhater) Diyara, Post Office Chudrer, Tehsil Dehar, District Kangra, by the appellant, and that connection had been in existence since 09.08.2002. He alleged that he had been paying bills regularly, but since 18.02.2012, the telephone had not been working and that repeated complaints made to the appellant, fetched no response. Respondent further alleged that he had obtained internet connection of BSNL, linked to the landline telephone, and because of the telephone line lying dead, he was unable to make use of the internet facility, and also, he was unable to contact his children, who were settled abroad. He prayed for issuance of a direction to the appellant, to restore the connection and also to pay compensation and litigation expenses.

(3.) APPELLANT contested the complaint and pleaded that the District Forum, lacked jurisdiction, in view of the law laid down by the Hon'ble Supreme Court of India in General Manager, Telecom Vs. M. Krishnan and Another, 2009 CTJ 162 (Supreme Court) (CP). On merits, it was stated that distance between the exchange and the village of the respondent, was about three kilometers and that for two kilometers, there was underground cable and for the remaining distance, there was overhead line, which had been stolen, and thereafter, matter was taken up with the higher authorities for providing budget and according approval for re - laying the line, but the orders had not been received.