LAWS(WBCDRC)-2004-4-3

B S N L Vs. TAPAN KR BISWAS

Decided On April 21, 2004
B S N L Appellant
V/S
Tapan Kr Biswas Respondents

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment passed by the District Forum, Kolkata, Unit -1 on 8.5.2003. The facts of the case in brief are stated here. The complainant is a consumer under the O. P. in respect of the telephone connection. The complainant is a businessman. He received a telephone bill dated 15.2.2002 for a sum of Rs.744/ -. The complainant paid that bill on 8.3.2002 at Tollygunge Post Office which was the due date for such payment. But the O. P. disconnected arbitrarily the facility of all outgoing calls from the aforesaid telephone on 20.3.2002. According to the complainant such disconnection of the facility of outgoing calls amounts to gross negligence and deficiency in service for such disconnection of the facility of outgoing calls the complainant had to suffer great loss in his profession and business from 20.3.2002. Thereafter he filed a case before the District Forum praying for a direction upon the O. P. to pay a sum of Rs.1,20,000/ - as damages and compensation and cost for mental agony of Rs.1,000/ -.

(2.) THE Forum in its order directed the O. P. to pay a sum of Rs.2,000/ - as professional losses, a sum of Rs.3,000/ - as compensation for harassment and mental agony and a sum of Rs.500/ - as costs of the case, within 10 says from the date of getting the order. It is also stated by the Forum that if the O. P. failed to pay the amount within 30 days the aforesaid total amount would bear interest @ 10% p. a. from the date of the order till the same is paid in full.

(3.) BEING dissatisfied with the above order the appellant B. S. N. L. has preferred the present appeal before the Commission. The learned Counsel for the appellant submits that information of the payment was not received by the department in time, and this led to the temporary disconnection. There was no deficiency on the part of the department for such delayed information. It is submitted by the appellant that in the instant matter it was necessary to make the postal department as a party, but the complainant failed to do it. As there was no deficiency on its part the question of compensation, cost and award for professional losses does not arise. According to the appellant the impugned judgment is erroneous and liable to be set aside.