KRISHAN DAS AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) -The present Revision Petitioner Shri Krishan Das Aggarwal had filed a complaint before the District Consumer Disputes Redressal Forum, Bareilly under the Consumer Protection Act, 1986. In his complaint, he made the following grievances in respect of alleged deficiency in rendering of service by the Telecommunication Department:

(2.) Feeling aggrieved with that order the Opposite Parties i.e. Union of India and Others filed appeal before the State Consumer Disputes Redressal Commission, Uttar Pradesh, Lucknow. The State Commission upheld the order of the District Forum in respect of adjustment of the rent for the months in which the telephone was out of order and about adjustment of excess billing. However, about the damages awarded by the District Forum, the State Commission remarked that no case had been made out for the grant compensation. To that extent the order of the District Forum was modified.

(3.) The complainant has filed present petition and his main grievance is that the order of the State Commission disallowing the compensation/damages to him is not a speaking one as by merely remarking that 'no case for compensation had been made out' the Commission has disallowed the award of compensation made in his favour by the District Forum. We are of the opinion that the contention of the petitioner has force. The District Forum has given reason for allowing compensation to the Revision Petitioner. His telephone remained out of order for a very long period and as averred by him it was not put in order in spite of written complaints. The complainant stated before us that he is a business man and his main business is with the help of telephone. He described himself as a 'canvassing agent'. He explained that term by stating that he enquire about rates of commodities and orders are placed through telephone and he suffered huge damages on account of the non-functioning of the telephone. We hold that the State Commission was not justified in disallowing the compensation awarded to the complainant by the District Forum without giving reasons.