BHARAT SANCHAR NIGAM LIMITED Vs. PUSHPA JOSHI

JUDGEMENT

(1.) HEARD the learned Counsel for the parties and gone through the records. The telephone of the complainant was out of order from 5.1.2004 to 30.1.2004 for about 25 days. There is no justification for that why it was out of order. The learned Counsel for the appellant argued that if the telephone does not work for more than 15 days, the telephone department is only to give rebate in rental charges but there is nothing in this case why rebate has not been given to the complainant. The complainant has persistently made complaints on 5.1.2004, 6.1.2004, 7.1.2004, 13.1.2004 but still the telephone was not made in working condition. There is nothing like prestige issue to the telephone department and on 1st and 2nd complaint, the telephone should have been brought in working condition. The learned Forum has allowed a compensation of Rs. 1,500/ - and cost of litigation of Rs. 1,000/ -. It is true that there may not be any measurement of mental agony, pain and mental disturbance and price of any insult as alleged but it is said that a Lawyer was the beneficiary of this telephone and he used it and he had to suffer for that. In those circumstances a compensation of Rs. 1,500/ - cannot be said to be excessive one. However compensation is compensation, there is no question of interest on it. As regards the cost of litigation, the complainant cannot be allowed to blow hot and cold at one time. At one hand it is said that it is a case of a Lawyer, who is beneficiary of this telephone and on the other hand it is said that he has incurred expenses of Rs. 1,000/ - in the litigation. There is no question of any cost. There is also no question of any punitive order because there is specific provision under Sections 25, 27 of the Act to enforce the order if the order is not complied with. The appeal is, therefore, partly to be allowed and partly to be dismissed.