MAHANAGAR TELEPHONE NIGAM LIMITED Vs. OM PRAKASH GUPTA

JUDGEMENT

(1.) THIS is an appeal filed under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') and is directed against order dated 5.6.2000 passed by District Forum (East), Saini Enclave, Delhi in Complaint Case No.644/1998 entitled Sh. Om Prakash Gupta V/s. Mahanagar Telephone Nigam Limited.

(2.) BRIEFLY stated, the relevant facts of the case are that the respondent had filed a complaint before the District Forum on the ground that he was subscriber of telephone No.2240616 installed at his premises No.73 -A, Vikas Marg, Shakar Pur, Delhi. The appellant, however, disconnected the above said telephone of the respondent on 6.8.1998 on the ground that there were huge arrears due against telephone Nos.2933836, 2932248 and 29308689 whereas the respondent had no connection directly or indirectly with the above said telephone numbers. The complainant had, therefore, filed a complaint before the District Forum praying for directions to the appellant to restore the disconnected telephone immediately, as well as to pay compensation of Rs.50,000/ - on account of loss of business and mental harassment and agony caused due to deficiency in service on the part of the appellant and Rs.5,500/ - as cost of litigation.

(3.) THE stand of the appellant in its reply/written version filed before the District Forum was that the telephone Nos.2933836, 2932248 and 29308689 were being used for business premises by the respondent and being in the name of his son and daughter, the appellant was entitled to disconnect the telephone of the respondent under the provisions of Rule 443 of Indian Telegraph Rules, 1951.