LAWS(NCD)-1993-6-153

J S CHAUHAN Vs. DIVISIONAL ENGINEER TELEPHONES GURGAON

Decided On June 04, 1993
J S Chauhan Appellant
V/S
Divisional Engineer Telephones Gurgaon Respondents

JUDGEMENT

(1.) This appeal is directed against the order of the District Forum, Gurgaon dismissing the complaint on the threshold ground of being not maintainable because of the patently stale cause of action.

(2.) In view of the above, it is unnecessary to delve in the facts and merits too deeply. It suffices to mention that the complainant subscriber had its original telephone No.2078 which was changed to 20078 when an electronic exchange was installed in his town of Gurgaon. The grievance was that this number was not included in the directory and this had resulted in grave financial and professional loss which was somewhat exaggeratedly claimed at Rs.70,000/-.

(3.) In resolutely defending the complaint, the respondent department first took up the firm plea that the complaint was highly belated and barred by time and it was further alleged that the same was an utter abuse of the process of law. On merits it was pleaded that the last issue/addition of the telephone directory of Gurgaon was published in 1987 and any commission therein would be rectified in the next addition which was likely to materialize in the middle of 1993. It was stated that the omission was entirely beyond the control of the Department and his number can always be made available on the enquiry and the suggestion was that the omission has been occasioned by the installation of a new electronic exchange and consequential requisite code numbers, therefore.