O I C TELEPHONE Vs. MANIRAM

JUDGEMENT

(1.) The Telecom Department has filed this appeal against the order dated 6th August, 1997 passed in Case No.15/1996 by the District Consumer Disputes Redressal Forum, Panna (for short the 'district Forum' ).

(2.) The respondent is resident of the village Jaswantpura, Tehsil Gunour, District Panna alongwith 14 villagers applied for providing telephone connection and deposited Rs.100/- each with Amanganj Telephone Exchange. However, the telephone connection was not provided. The complaint filed was resisted on the ground that the villagers deposited Rs.100/- with the application, who were kept in waiting list. After receipt of the sanction for providing telephone connection, the telephone was to be provided. In village Dwari the sanction was received, therefore, the telephone connection was provided to the villagers. No sanction for village Jaswantpura for laying telephone line for providing telephone connection was received. As soon as the sanction is received, the telephone connection will be provided. The District Forum considering the circumstances of the case found deficiency in service awarded compensation of Rs.5,000/- for inconvenience and mental pain and directed for providing the telephone connection within a period of three months.

(3.) Mr. K. K. Jain, learned Counsel for the appellant relying on a decision of the National Commission in Union of India and Anr. V/s. Dr. Sudha Pareek,1993 2 CPJ 240, contended that the District Forum had no jurisdiction to direct the allotment of telephone to the respondent as this is not a relief which can be granted under Sec.14 of the Consumer Protection Act, 1986 (For short the 'act' ). It was submitted that an amount of Rs.100/- was deposited as registered fee. After the receipt of the sanction, the demand notice was to be issued for deposit of the amount for providing new telephone connection. As the sanction was not received no line could be laid for providing telephone connection, therefore, there was no deficiency in service. At the most, the respondent was entitled to interest on the amount of Rs.100/- at the bank rate of fixed deposit.