GNENDRA MOHAN DEY Vs. CALCUTTA TELEPHONE

JUDGEMENT

(1.) The complainant who is appellant in the present appeal is the subscriber of Telephone No.411657. It is the allegation of the Appellant that in or about June 1988 the said telephone was out of order and since then the Appellant requested the authorities of the Telephone Department to set the telephone order but without finding any result. The complainant wrote a letter on 25.4.1989 to the General Manager, Calcutta Telephone stating inter-alia that telephone is out of order since June 1988 and he being an Advocate had been facing difficulties and suffering irreparable loss and injury for not repairing the telephone line and setting the telephone line in order. On 263.1989 the General Manager, Calcutta Telephone in reply to Appellant's letter dated 25.4.1989 informed the Appellant that the Divisional Engineer of the 41 Exchange had been duly instructed to take immediate remedial measures for restoration of the telephone line and he regretted for the inconvenience caused to the Appellant. It is further alleged by the Appellant that inspite of the said order dated 26.5.1989 by the General Manager, Calcutta Telephone, the telephone of the Appellant had not been restored on the other hand the line was disconnected on 16.6.1989 without notice to the Appellant. It is further allegation of the Appellant that the telephone line as transpired to him was permanently recovered on 14.8.1990. It is contended by the Appellant that the Telephone Authorities submitted a Bill for Cycle No.5/89 for Rs.300/- which was received by him on 2.6.89 and just after submission of the bill, the telephone line of the Appellant was disconnected on 6.6.89. It is also the allegation of the Appellant that as he was not at all aware of the disconnection of the telephone line made on 6.6.89 he paid the bills for Cycle No.3 /89 and 5 /89 on 19.7.91, in prusuance of the order passed by the Learned C. D. F. in C. D. F. Case No.1023 of 1991 although during that period the telephone was completely out of order and the Appellant was not liable to pay any rental or telephone charges during the period of disorder of the telephone line. It is alleged by the Appellant that the said facts of disconnection was disclosed on July, 1992 by the Respondent in the written statement filed in C. D. F. Case No.1023 of 1991 and till such time the Appellant was kept in darkness about disconnection of the telephone while the Appellant was under impression that the telephone line was out of order since June, 1988. It is the allegation of the Appellant that all through the learned C. D. F. directed the Telephone Authotities to restore the telephone line of the Appellant but they did not comply with the order passed by the learned C. D. F. It is again alleged that the learned C. D. F. in its final order passed in the C. D. F. case No.1023 of 1991 inter-alia directed the Appellant to deposit the rentals as per Rules for getting reconnection and directed Respondent/opposite parties for furnishing with an account of the arrears rental on account of the said telephone and upon payment so such alleged arrear directed the telephone authorities to reconnect his telephone line being aggrieved with the said order passed by the learned C. D. F. The Appellant/complainant filed this instant appeal this Commission. The Opp. Parties /respondents in the instant appeal did not file any objection although they filed written objection in C. D. F. Case No.1023 of 1991. JUDGMENT

(2.) The case has a very checkered background for a long time since June 1988 when the telephone became disorder. The proceeding was first started before the learned C. D. F. on 2.1.91 now we are passing through the year 1993 and during the course of 5 years the Complainant/ Appellant has been suffering without getting any remedies from anywhere although there is no fault on the part of the Complainant/appellant. The disorder condition of the Telephone on June 1988 was duly informed to the concerned Respondents and lodged various complaints on different dates to the Telephone Authorities. As per Rules of the Telephone Department, the subscriber of the telephone is not entitled to pay any rental during the period disorder of the telephone without having obtained any service therefrom. Accordingly the Complainant/appellant is not liable to pay any rental or any charges whatsoever on account of his telephone since June 1988 till now as the service of the telephone is not availed of, by the Appellant during this period, inspite of the said fact by the order of the learned C. D. F. Appellant paid all the rental bills including and upto the Cycle No.5/89 but due to misfortune of the appellant, his telephone was not restored in order even after repeated orders passed by the learned C. D. F. The telephone line was disconnected on 6.6.1989 and it was ultimately recovered on 14.8.90 without any knowledge and notice of the appellant and without giving any opportunity to the appellant to be heard of about his fault for such illegal and wrongful actions taken by the respondents. The aforesaid actions on the part of the respondents are not only highly illegal, deficiency in service and negligence but these are also violative to the principles of natural justice. It is also surprising to us that the learned C. D. F. even passing the orders for restoration of the telephone line ultimately being deviate from their earlier order directed the appellant to pay all the arrears rentals as per bills to be submitted by the respondents. It is admitted position that the Appellant has not been enjoying the facilities of telephone since June 1988 till now and practically any payment made by the Appellant during this period requires to be refunded to him as per present Rules of the telephone department. But in face of such illegal actions on the part of the respondents how the learned C. D. F. can further penalise the poor appellant to pay all arrears rentals to the Respondents as per bill to be submitted by them.

(3.) In the aforesaid context we allow the appeal on context and set aside the order of the Learned C. D. F.