BSNL UDHAMPUR Vs. HARBANS LAL SADOTRA

JUDGEMENT

(1.) ORDER dated 18.1.2005, passed by the learned Divisional Consumer Protection Forum, Jammu, (herein after to be referred as the Forum), has been challenged in this appeal. The learned Forum in terms of the impugned order has directed the appellant to pay Rs. 7,000 as compensation to the respondent for illegal disconnection of telephone No. 70672 on the fact that it was disconnected without notice and the restoration charges had been received two times from the respondent. The plea taken by the appellant, there was non -feasibility in restoring the telephone connection on technical grounds which, however, were not proved. It was held that the appellant remained negligent and acted arbitrarily and without any norms, even after receiving the outstanding charges the telephone remained disconnected for three months. Had there been any requirement of payment of additional security, the appellant would have told the respondent at time of issuance of arrear bills. But it acted in a piecemeal manner for charging the amount of arrears as well as the additional security. These lapses on the part of the appellant besides causing mental and physical inconvenience to the respondent amounted to deficiency in rendering service. The impugned order also mentioned that the respondent was at liberty to approach the appellant for the withdrawal of security in case rules of the O.Ps. (appellants) permit so. The amount of compensation in the sum of Rs. 7,000 had to be paid within a period of six weeks from the date of order, failing which interest @ 6% p.a. on the said amount was made payable.

(2.) THE appellant has felt aggrieved of this order and challenged the same on the following two grounds:

(3.) HEARD the arguments.