GENERAL MANAGER, TELECOM OFFICE & ANR Vs. KUPPUSWAMY

JUDGEMENT

(1.) THE opposite parties are the appellants. The complainant is employed as an Office Assistant. His brother -in -law Srinivasa Perumal died on 15.11.1997 at Udayarpatti and this information was conveyed to the complainant by an express telegram on 16.11.1997. But the telegram was delivered to the complainant only on 19.11.1997 though it was received by the Department on 17.11.1997 itself. Because of the inordinate delay, the complainant was unable to see the mortal remains of his brother -in -law. Thus there was deficiency in service. The complainant has suffered mental agony and torture. Hence this complaint.

(2.) THE opposite parties contended as follows: The complaint is not maintainable. It is true that a telegram was booked at Tirunelveli under Serial R7 dated 16.11.1997 destined to Soosainagar. The said telegram was received on the forenoon of 17.11.1997. On account of the urgent outgoing calls to Devikapuram, the message was posted from Polur to Devikapuram and the same was returned by post to Polur on 18.11.1997 and that message was again posted direct to Soosainagar and delivered on 19.11.1997. Since late fee was not sufficent to cater to the destination, the message was tried on 19.11.1997. But due to the telephone lines unget, the message was posted to Soosainagar on 19.11.1997 and was received at Soosainagar on 20.11.1997 and it could not be delivered to the addressee due to his absence and the house was locked from 20.11.1997 to 30.11.1997. The message was delivered on 1.12.1997 to the addressee on his arrival. Hence there was no deficiency.

(3.) THE lower Forum held that there was deficiency in service and directed the opposite parties to pay a sum of Rs. 1,000/ - as damages for the mental agony and torture and Rs. 5,00/ - as costs. Hence this appeal.