DALBIR SINGH PUNIA Vs. AEPO TELEGRAPHS

JUDGEMENT

(1.) The virtually successful complainant appeals against the order of the District Forum, Kaithal seeking only the enhancement of the compensation of Rs.2,000/- granted by the District Forum.

(2.) Since the only issue is the quantum of compensation it is unnecessary if not wasteful to advert to the facts and merits. It suffices to mention that the complainant is a subscriber of telephone No.2662 at Kaithal. It was wrongfully disconnected without giving any written notice and affording an opportunity to him in the 4th February, 1992. The same was not reconnected till more than five weeks thereafter on the 31st of March, 1992. The District Forum found in the appellant's favour that the appellant was not served with the bill of Rs.472/- and consequently no question of any refusal for the non-payment of the same would arise and disconnection was totally unjustified and unwarranted. It further held that certain additions to the bill were patently illegal and quashed the same. On these findings the relief was granted on the terms noticed at the very out let.

(3.) Mr. J. K. Goel, the learned Counsel for the appellant rightly highlighted the persistent contumaciousness of the respondents department in dis-connecting the telephone without the assemblance of written notice or affording the least opportunity to show cause or making any delay. It was vehemently contended that in such a situation the award of penal damages alone could afford redress. There is patent merit in the aforesaid submission. This Commission in no uncertain terms has held in J. S. Rathee V/s. The Distt. Manager (Telecom) Ambala Cantt and Ors., 1992 2 CPJ 564 as under:-