UNION OF INDIA Vs. JAGDAMBA RICE MILLS

JUDGEMENT

(1.) THIS is an appeal against the order dated 8th January, 1991 passed by the Consumer Disputes Redressal Commission, Haryana at Chandigarh. The present respondent, M/s. Jagdamba Rice Mills, Tararoi, District Karnal, (hereinafter referred to as the 'Mills') was the claimant while the present appellants were respondents before the said State Commission.

(2.) THE case of the complainant was that they were of considerable standing and repute, carrying on the business of large scale export of rice at Tararoi, which is a well-known centre therefor. The Mills got installed Telex No. 241 in their premises at Tararoi on 31st October, 1985, after completing necessary formalities therefor. The Telex system was not installed by them to keep in touch with foreign countries about the latest position of rates, demand and dispatches of rice from time to time. The main telex exchange is located at Karnal, which is the District Headquarters. The connection at Tararoi was provided as long distance one from Karnal. The distance between these two places is about 18 kms. Despite some efforts made by some mechanics and technicians of Telecommunications Department, Haryana Circle, the Telex could not be brought into working order and did not give any service worth the name to the Mills from the very date of installation. The Mills did not lodge any complaint initially with the hope that the defects therein would get removed in due course. However, when this did not happen, the Mills were convinced that there was patently a major defect in the Telex and they lodged a complaint dated 10th September, 1986, with the Department. In response thereto, the technicians inspected the Telex and changed the machine thereof apparently because of its defective nature, but failed to provide an attachment, called by way of abbreviation as 'LIT necessitating another complaint dated the 10th November, 1986. The Technicians corrected the machinery during the month of November, 1986, after repairs etc. However, the Telex lines remained out of order for considerable time. As the Telex was not working, no bills were forwarded to the Mills by the Department. As a matter of abundant caution, the Mills wrote to the D.E.T., Karnal, on 19th November, 1986, intimating that they had not received any bills for the last six months or more and those should be forwarded for payment. In spite of innumerable complaints made telephone cally, verbally and also personally at the top levels, the functioning of the Telex failed to improve. As a last resort, the Mills addressed a representation dated the 28th November, 1986 to the then Minister of Communications, Government of India, to highlight the failure of the Telex and the consequential loss to the Mills. Ultimately, the mechanics and technicians sent by the Department to repair the Telex expressed their inability to correct the machine and declared that there was some manufacturing defect in the equipment provided. Meanwhile, another communication was addressed as a reminder to the Department asking them to send bills, if any, expeditiously.

(3.) THE appellants, who were the opposite party in the complaint, contested the complaint of the Mills and pleaded that the Telex at Tararoi was working as a long distance telex connection and the lines were passing across jungle, canal, Railway doubling and the trucks used to break the wire. The Telex was working on overhead line media. That T.D. machine was provided after thorough checking etc. as per the stores available with the Department. The repeated complaints and faults in the telex line were attended to and remedied as soon as reasonably possible. All pending bills were issued well in time. The Telex could not be shifted to Karnal due to technical reasons. The Telex was disconnected on 27th October, 1988, for non-payment of bills. There was no question of refund of amount of Rs. 24,671/-originally paid because the same had been provided at a rent and guarantee basis.