DOOR SANCHAR VIBHAG Vs. CHATURBHUJ

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners against the order dated 9-4-2004 passed by the permanent Lok Adalat, Merta by which the permanent Lok Adalat directed the petitioners to provide telephone connections to the complainant non-petitioners, who submitted their complaint before the permanent Lok Adalat alleging that the petitioners are not providing telephone connections to the non-petitioners mala fidely despite the fact that 28 consumers have already deposited the amount as demanded by the demand notices issued to the complainant-non-petitioners.

(2.) Brief facts of the case are that non- petitioner-complainants submitted complaint before the permanent Lok Adalat that the petitioners issued the demand notices for giving telephone connections and in pursuance of that the complainants deposited the requisite amount of Rs. 500/- in the year 2001. The petitioners can provide telephone connections to the complainants without any delay but because of ulterior motive, instead of providing the telephone connections to the complainants, the officers of the petitioners have given connections to the persons of the distant villages.

(3.) The reply was filed on behalf of the petitioners before the permanent Lok Adalat stating therein that the complainants' village is 5.3 kms. away from the telephone exchange which is situated in the village Dodiyan and in view of the current instructions, the telephone connections by underground cable cannot be given beyond 2.5 kms. from the telephone exchange, however, the petitioners are ready to give the WLL/CDMA/CORRDECT connections. It is also submitted that at present, the petitioner have no cable with them as the cable is not provided by the Circle. It is also submitted that in case the petitioner will have to lay down the cable from the village Dodiyan to village Tehla then it will cost about Rs.7,00,000/-. In sum and substance, according to the petitioners, the connections were not given to the complainants as the distance of the village from the telephone exchange is more than 5.3 kms. and the cable was not available with the department and it would cost Rs. 7,00,000/-. the permanent Lok Adalat considered the facts in detail in its order dated 9-4-2004 and held that the department failed to produce and document to prove that village Tehla is 5.3 kms. away from the village Dodiyan where the telephone exchange is situated, whereas the complainants placed on record the certificate of the Sarpanch of Gram Panchayat evidencing that the distance between the two villages is 5 kms. only. It is also observed that even if it is accepted that the distance between the two villages as alleged by the petitioners is correct then it is 5.3 kms. which is only 0.3 km. more than the limit fixed by the petitioners-department for giving the telephone connections. The permanent Lok Adalat also observed that when the BSNL is claiming that it has provided the telephone connections in all the villages then the plea of the BSNL that the telephone connections cannot be provided to the non-petitioner-complainants, appears to be a false plea. The permanent Lok Adalat also observed that the officers of the petitioners on 25-3-2004 refused to consider the case of giving telephone connections to the non-petitioner-complainants merely on the ground that they submitted the complaint before the permanent Lok Adalat.