LAWS(NCD)-1990-9-31

MANAGER TELEPHONE NIGAM LTD Vs. LEO REBELLO

Decided On September 18, 1990
Manager Telephone Nigam Ltd Appellant
V/S
LEO REBELLO Respondents

JUDGEMENT

(1.) This appeal is filed by appellant against the order of District Forum, Bombay directing to install a telephone connection at the residence of Respondent and pay Rs.13,650/- as compensation.

(2.) Dr. Leo Rebello lodged a complaint before District Forum on 26.3.1990 alleging that he is a qualified Naturopath (Medial Profession) author and Poet and as such eminent public man. Dr. Rebello had therefore approached the appellant that his application dated 29.12.1984 for grant of telephone be considered as a "special Category". He further alleged that he paid Rs. l5,000/- for renewal of his temporary connection. But instead of any relief his telephone connection was discontinued abruptly on 3-3.1990. Dr. Rebello therefore, claimed the relief of restoration of his telephone connection as well as compensation of Rs.60,000/- and costs from appellant Manager, Telephone Nigam Ltd.

(3.) The Manager, Telephone Nigam filed written reply opposing the claims of Dr. Rebello. It has been submitted that Dr. Rebello could not be considered as eminent public man on the basis of his qualification as a naturopath. According to opposite party, Dr. Rebello could not satisfy the test laid down under Indian Telegraph Rules and hence could not be put in special category for grant of a telephone connection. Further submission of the Manger, Telephone Nigam Ltd. is that the temporary connection granted to Dr. Rebello in July 1986 was extended from time to time for a period of 3 years and was disconnected after its expiry on 22.3.1990. According to Manager, Telephone Nigam Ltd. , no application was made by Dr. Leo Rebello for extention of time of his temporary connection.