TELECOM DISTRICT MANAGER Vs. AUTO SERVICE

JUDGEMENT

(1.) This appeal arises against the order of District Forum Panaji, Dated 5.2.1993 passed in Complaint No.292of 1992. On a complaint from M/s. Auto Service, District Forum awarded the complainant Rs.5,000.00 as compensation in view of proved deficiency in the service of Telephone Department.

(2.) It has been alleged by the complainant that he was charged excessive bills for use of his telephone and that his telephone was disconnected illegally on the basis of defective bills. The complainant alleged that although he made payments of excessive bills, his telephone was not restored for a period of one year and therefore, he had to approach the High Court for relief. It is further alleged that only after the complainant filed Writ Petition in the High Court, his telephone was reconnected. District Forum, therefore, held that the complainant has proved his allegations and awarded to the complainant Rs.5,000.00 as compensation for the alleged negligence in the service of telephone department.

(3.) We have heard Shri G. R. Sharma, Advocate for the appellant and Shri K. U. Aras, Advocate for the respondent. Shri Sharma tried to argue that the complainant was at fault for non-payment of telephone charges and, therefore, his telephone was correctly disconnected. As regards the complainant's allegations that even though he made payments, he was not given reconnection till he approached the High Court. We find that allegations made by complainant are substantially proved. The complainant's telephone was disconnected on 9.10.1990 for non-payment of telephone dues and when he made payment of the entire dues on 28.1.1992, he was not given reconnection till he filed Writ Petition in the High Court in the month of September, 1992. Copy of the order of High Court is on record and it is found that the Hon'ble Court by its order dated 21.9.1992 held that the department has already reconnected the telephone of the petitioner.