LAWS(NCD)-2003-1-222

MAHANAGAR TELEPHONE NIGAM LTD Vs. DILIP KUMAR AGGARWAL

Decided On January 30, 2003
MAHANAGAR TELEPHONE NIGAM LTD Appellant
V/S
DILIP KUMAR AGGARWAL Respondents

JUDGEMENT

(1.) The present appeal arises out of order dated 28.1.1999 of District Forum-V, Shalimar Bagh, Delhi passed in Complaint Case No. C-884/1998-entitled Shri Dilip Kumar Aggarwal V/s. Mahanagar Telephone Nigam Ltd.

(2.) Briefly stated, the facts are that telephone bearing No.7253501 was installed at the premises of the respondent-Shri Dilip Kumar Aggarwal. However, on 5.11.1996, the respondent applied for the transfer of the said telephone connection from Wazirpur Industrial Area to Tis Hazari, Delhi and also requested for safe custody of the same during the interim period. The telephone was installed in the chamber of the respondent at Tis Hazari in March, 1997 but the same was not energised. In the meanwhile, as per the requirement of the appellant, the respondent paid up all the pending bills. Despite the payment of the outstanding dues, the telephone of the respondent was not energised and as such the respondent filed a complaint before the District Forum praying for the re-connection of the telephone in question as well as, for directions to the respondent not to charge any rent for the period the telephone of the respondent remained non operational. The respondent also prayed for compensation on account of mental agony and harassment undergone by him.

(3.) In its reply/written version, filed before the District Forum, the stand of the appellant was that the telephone of the respondent had not been energised as he had failed to pay dues in respect of the telephone in question.