P S SAWHNEY Vs. GENERAL MANAGER TELECOM

JUDGEMENT

(1.) This is complainant's appeal filed against the order dated 10.12.1999 passed by the District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh vide which the Complaint Case No.1277 of 1993 was allowed to the extent that the respondent General Manager, Telecom, Sector 18, Madhya Marg, Chandigarh was directed to pay a sum of Rs.6,000/- including costs of Rs.1,000/- to the complainant.

(2.) The appellant filed the complaint before the District Forum seeking the restoration of the telephone connection of telephone No.28689 after rectifying the defective wiring and to furnish the details of all the calls made by the complainant till the date of the filing of the complaint i. e.30.10.1993 and also in future. The complainant further prayed that the respondent be directed to produce the record of booking and installation of all the telephone connections from waiting list No.1634 to waiting list No.2350. He claimed appropriate compensation for misuse of his telephone for the unknown period but nothing less than Rs.1,00,000/-. The complainant also prayed for award of damages for disconnection of the telephone without notice and fix the amount of damages at Rs.3,00,000/-. The complainant had prayed for adjustment of a sum of Rs.1,993/- which he paid in excess in respect of the said telephone. The costs of litigation was also claimed. The facts giving rise to this appeal may briefly be narrated as under.

(3.) The complainant Shri P. S. Sawhney applied for the telephone in the general category on 7.10.1982 and deposited the requisite amount of Rs.1,000/-. The complainant was allotted Priority No. Cu/genl/p/12030. It has been averred that this regional priority number was subsequently changed to No. Sec.17/cu/genl/p/1634 on 19.3.1990. The Advice Note issued by the General Manager, Telecom to the complainant informed him about the telephone connection having become matured on 4.3.1993. The telephone was to be installed within one week of the date of issue of the Advice Note, as provided by the relevant rules governing the installation of telephone. The telephone instrument was delivered to the complainant on 11.1.1993 and the same was activated on 11.2.1993 and that too after repeated requests. The opposite party had installed telephone in the two adjoining flats bearing Nos.943 and 945 on either side of the flat of the complainant who then was occupying flat No.944, Sector 7-D, Chandigarh. The telephone number allotted to the complainant was 28689. The grievance of the complainant was that the aforesaid number of the telephone was allotted by the opposite party despite the fact that it was very well known to the General Manager, Telecom, the opposite party that the series starting with the first digit '2' was defective. It was alleged in the complaint that with the someone else with the connivance of the opposite party misused the connection of the telephone connection of the appellant for a period of about two years. The other grievance of the complainant was that the opposite party did not supply the telephone directory with the instrument despite written request of the complainant and also after he personally called on the dealing officials/officer on more than one occasion. The other grievance of the complainant was that the aforesaid telephone No.28689 was disconnected by the opposite party inspite of the bill amounting to Rs.2,314/- having been duly paid by the complainant. The disconnection aforesaid took place on 7.10.1993 and that too without any prior notice. The complainant in these circumstances was left with no choice than to file the complaint before the District Consumer Disputes Redressal Forum-I, U. T. , Chandigarh and he filed the instant complaint.