TRAVEL CIRCUIT Vs. MAHANAGAR TELEPHONE NIGAM LTD

JUDGEMENT

(1.) the present appeal is directed against the order of District Forum-II, Udyog Sadan, Institutional Area, Mehrauli, New Delhi dated 18.6.1997 passed in Complaint Case No.1256/95 entitled M/s. Travel Circuit and Another V/s. MTNL.

(2.) Briefly stated, the relevant facts are, that the appellant had filed a complaint before the District Forum under Sec.12 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') averring therein that the complainant is partner of M/s. Travel Circuit an IATA Accredited Agency and Director of M/s. Tumberline Trekking Camps Pvt. Ltd. Telephone Nos.6432903 and 6431746 are installed at the commercial premises of the complainant at 207, Allied House, Local Shopping Centre, Madangir, New Delhi. The aforesaid telephones remained out of order from 1.4.1995 till 24.4.1995 and were thereafter restored with changed telephone numbers. No notice whatsoever was given to the appellant by the respondent regarding the disconnection or the change of numbers and it was only on account of personal inquiries on the part of the appellant, from the telephone exchange, that it was revealed that the above said telephones of the appellant had been non-functional on account of transfer of the said phones from Nehru Place Exchange to Tughlakabad Exchange. It was the case of the appellant before the District Forum that the appellant had incurred heavy losses during the period the telephones in question remained inoperative as the appellant companies are entirely dependent for their business on the said facility. Accordingly the appellant had filed a complaint before the District Forum praying for award of compensation to the extent of Rs.40,495/- per day w. e. f.1.4.1995 till the restoration of the telephones and also for directions to the respondent to take proper stops to ensure satisfactory functioning of the said telephones and in case of disconnection/change of phone number due notice be issued to the appellant. It was also prayed that for loss suffered on account of printing of despatch brochures carrying the earlier telephone numbers compensation @ Rs.15 per brochure be awarded.

(3.) In its reply/written version, filed before the District Forum, the case of the respondent-MTNL was that the telephone No.6432903 was disconnected on 30.8.1995 on account of outstanding dues of Rs.1,473/- for the billing cycle 16.4.1994 and as soon as the outstanding bills were paid, the said telephone was restored on the same day i. e. , 2.9.1994. Furthermore, due notice was issued to the appellant regarding non-payment of bills. It was denied that the appellant had suffered any loss on account of negligence or deficiency in service on the part of the respondent. It was further the case of the respondent that bill for Rs.5,569/- for the billing cycle 16.2.1995 was outstanding against the telephone in question and as such the complaint filed by the appellant was false and frivolous and liable to be dismissed.