MAHANAGAR TELEPHONE NIGAM LIMITED Vs. SURESH KUMAR SAIGAL

JUDGEMENT

(1.) The present appeal has been filed against the order of District Forum, Udyog Sadan, New Delhi dated 23.9.1999 passed in Complaint Case No.453/1997 - entitled Shri Suresh Kumar Saigal V/s. Mahanagar Telephone Nigam Limited.

(2.) The relevant facts pertaining to the present appeal, are that the respondent had preferred a complaint under Sec.12 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act') before the District Forum praying for exemplary deterrent punishment and Rs.1,000/- per day as damages against the appellant for the period his telephone remained out of order together with compensation on account of the mental agony undergone by him.

(3.) The case of the respondent before the District Forum was that telephone No.6428421 was installed at his premises and the telephone instrument of the respondent became defective on 20.7.1996. As such the respondent was unable to make any out-going calls for the period from 20.7.1996 to 22.8.1996. The said telephone instrument was, however, replaced on 22.8.1996 but barely few hours after installation of the new instrument, it became out of order and remained non-functional from 22.8.1996 to 19.9.1996. The respondent, therefore, lodged several complaints but despite repeated visits and reminders, the same could not be rectified and as such the respondent had to undergo lot of mental tension and harassment on account of the fact that he being a patient of Diabetes and Hypertension and his 77 years old mother, being a patient of Asthma needed constant medical attention but on account of the faulty service of the appellant, the respondent and his wife could not make the necessary calls to the doctors and relatives and as such had sought the redressal of their grievances by filing a complaint before the District Forum.