UNION OF INDIA Vs. MRS SATYA BHAMA THAKUR

JUDGEMENT

(1.) -The Commission accepted the Miscellaneous Petition and condoned the delay in filing the appeal. There was no need to grant ex-parte stay as the appeal was taken up for disposal at the hearing.

(2.) BRIEF facts of the case in appeal are that the telephone of the Respondent before us was disconnected between 1st and 2. 08. 1988 for non-payment of two telephone bills, one dated the 1. 11. 1987 and the second dated the 1st of May, 1988. After the expiry of three months, the telephone department allotted the disconnected telephone to another subscriber. The telephone was) restored to the appellant on 13. 01. 1989 on payment of above mentioned bills and reconnection and other charges. The Respondent herein had complained before the State Commission that the telephone services were deficient "in the quality, nature and manner of performance" that she had received inflated bills first dated 1st of September, 1986 and also subsequently. But the appellant herein, without proper examination, refused to grant her any relief; and that she received a bill for local telephone calls even after the telephone had been disconnected.

(3.) IT was urged by the appellant before this Commission that the amounts of compensation granted have not been substantiated by any evidence whatever and that the Respondent's husband had a telephone in his own name which was used by the Respondent during the period of disconnection and, hence, really no loss or damage was caused to the Respondent. On this point, the State Commission, itself had observed that ". . . no specific basis has been given by the Complainant to calculate the loss in professional practice or the value of the loss on account of mental agony, etc. . . "