MAHANAGAR TELEPHONE NIGAM LTD Vs. SITA RAM GOEL

JUDGEMENT

(1.) The present appeal has been filed assailing the order of District Forum-I, Tis Hazari, Delhi, dated 31.5.1999 passed in Complaint Case No.248/1997 entitled - Shri Sita Ram Goel V/s. M. T. N. L.

(2.) The relevant facts, in brief, are that the telephone, bearing No.7511844, installed at the premises of the respondent, remained out of order for the period from 12.10.1995 to 6.12.1995 and despite repeated complaints, the same was not made functional. In the meanwhile, the respondent received a bill for Rs.1,199/- for the billing cycle 1.11.1995 to 31.12.1995. It was alleged in the complaint filed by the respondent that as against the above demand the average bills in respect of the said telephone had never exceeded Rs.450/-. Accordingly, the respondent filed a complaint before the District Forum praying for directions to the appellant to issue a revised bill together with compensation and cost.

(3.) The appellant in its reply/written version filed before the District Forum admitted the fact that the FNMR reflected that there was a spurt in the calls made during the period 15.11.1995 to 30.11.1995 and had accordingly, giving the benefit of doubt to the respondent, afforded him rebate of 600 calls. As such, there being no deficiency in service on the part of the appellant, the complaint, filed by the respondent, was liable to be dismissed with costs. The learned District Forum, vide impugned order, allowed the complaint and directed the appellant to prepare a revised bill in respect of the telephone in question for the period 1.11.1995 to 31.12.1995 affording a rebate of 700 calls instead of 600 calls, to the respondent and since the bill for the said period had already been paid by the respondent, the amount for 700 calls was directed to be refunded to the respondent together with Rs.1,000/- as compensation and Rs.500/- as costs.