MADRAS METROPOLITAN TELECOM BOARD Vs. CONSUMER ACTION GROUP

JUDGEMENT

(1.) THIS appeal has been filed by the Madras Metropolitan Telecom Board & Anr. against the Order dated 14.3.1991 passed by the State Commission of Tamil Nadu at Madras where under the Telecom Department has been directed to give suo motu rental rebate to all the subscribers in their area whose phones were not functioning continuously for 7 days and more during the period of the strike which commenced on 3rd April, 1990. As per the Order of the State Commission the rebate is to be given in telephone bills for the month of April or May, 1991. The only point which has appealed to us is the submission made on behalf of the appellant is that with the existing technical facilities in the exchange there is no means of ascertaining suo motu which of the telephones were actually out of order during the period of the strike and hence the consumers whose telephones were not actually working during the period of the strike may be directed to intimate to the concerned Divisional Engineer, Madras Metropolitan Telecom Board stating categorically that their telephones were not working during the whole or part of the strike period referred to above. We consider that there is merit in this submission.

(2.) ACCORDINGLY, the order passed by the State Commission will be modified to the following extent. The appellant Board is hereby directed that within a period of three weeks from today it should publish notices in all the leading daily newspapers (Both Tamil and English) of Madras city calling upon all the telephone subscribers whose telephones were out of order during the period of strike referred to above to send written intimations to the Divisional Engineer asserting the fact of their telephones having been non-functional for the purpose of sanctioning rebate in their favour. The notice should state that such intimations should be received in the office of the Divisional Engineer within 15 days of the date of publication. On receipt of intimation in writing from the subscribers in response to the notice so published in the newspapers, the Department shall, without any further investigation into the matter, accept the version put forward by the subscribers and sanction rebates in their favour. We have considered it necessary to give these directions in order to avoid rebate being given in favour of those subscribers whose telephones were actually functioning during the period of the strike. The rebate will be given to the subscribers who have given intimation in response to the notice within a period not exceeding three months from today. Subject to the limited modification made as above, the Order of the State Commission will stand confirmed. The appeal is disposed of as above. No costs. Appeal disposed of.