TELECOM DISTRICT ENGINEER BOLANGIR Vs. NIRANJAN GURU

JUDGEMENT

(1.) This is an appeal by the opposite parties. Complaint was filed for deficiency in telephone service in respect of telephone bearing number 2596 of Bolangir.

(2.) As admitted by the appellants, the telephone in question was out of order from 16.6.1990 to 20.6.1990 and from 23.6.1990 to 25.6.1990 This is stated to be on account of cable fault. If at all there was cable fault, the opposite parties could have explained the District Forum what steps they had taken after 16.6.1990 till 20.6.1990 for rectification of the cable fault. When the same defect was found again on 23.6.1990, why this fault was found repeatedly ought to have been explained. If the defect was at the same place where it was earlier found, it should have been stated whether responsibility of the person rectifying the defect has been fixed. Why there was delay of three days from 23.6.1990 to 25.6.1990 for rectification of the defect ought to have been explained. Although we arc inclined to hold that the opposite parties, who are officers of Telecommunication Department, have not given up the bureaucratic attitude and are not yet vigilant that it is a service organisation, we are inclined to give them an opportunity to explain by affidavit of the concerned officers before the District Forum how there was delay in rectification of the defect. Unless on the affidavits the District Forum is satisfied that opposite parties took all steps which were possible within their control, the impugned order shall stand confirmed. In case the District Forum is satisfied that the officers acted with vigilance and no better service could have been rendered in the circumstances of the case, it shall give a finding about the force majeure and decide the complaint accordingly. This would be possible in case we set aside the impugned order.

(3.) Accordingly, we set aside the impugned order and direct the District Forum to re-hear the complaint. Affidavits, as directed above, shall be filed within two months today. Opposite parties shall file the registered processes for service of notice on the complainant by the District Forum that the complaint is to be heard afresh. The registered processes shall be filed within 15 days from today.