GENERAL MANAGER CALCUTTA TELEPHONES Vs. KAMLA SHANKAR UPADHAYA

JUDGEMENT

(1.) This appeal arises out of the order passed by the State Commission directing the appellant before us to pay Rs. 1 lakh as damages to the complainant.

(2.) Briefly the facts of the case are that the complainant, who is a grains-trader had a telephone connection both at his place of business and residence, which remained out of the order occasionally, effecting adversely his business. His regular complaints to the Department also did not yield the desired results. As a last resort he moved the State Commission praying for award of Rs. 2,25,000/- as damages. The State Commission vide its very short order directed the appellant to pay Rs. 1 lakh as damages against which this appeal has been filed.

(3.) It was argued by the learned Counsel for the appellant, Mr. S.S. Sabharwal that order is entirely arbitrary. Whenever there was a complaint about the telephone, it was attended to with dispatch. Award of damages of Rs. 1 lakh was entirely arbitrary. There is no proof or any evidence in support of the claim of damages, nor has this been discussed in the order, hence the order needs to be set aside. We see from record that the matter was adjourned earlier also, in October, 2001 on the request of the appellant. The request for adjournment is declined, hence proceeded ex-parte against the respondent