MAHANAGAR TELEPHONE NIGAM LTD Vs. SUKHBIR SINGH BAHL

JUDGEMENT

(1.) -these are two cross appeals preferred against the single order dated 3.2.2000 passed by District Forum. One is filed by the appellant Mahanagar Telephone Nigam Ltd. and the other is filed by Mr. Sukhbir Singh Bahl and are being disposed of by this single order.

(2.) The appellant has assailed the impugned order dated 3.2.2000 passed by District Forum whereby the appellant was directed to pay Rs.150/- per day for loss of earning during the period of 107 days in which the telephone of the respondent remained out of order besides giving rebate in rental for the said period and cost of litigation. Admittedly the telephone of the respondent remained out of order for 107 days, though the respondent also sought relief to way of filing civil suit for referring the matter of arbitration under Sec.7 (b) of the Indian Telegraph Act. The Counsel for the appellant states that complaint was not maintainable before the District Forum in view of civil suit filed by the respondent whereby he sought reference to that arbitration as provided under Sec.7 (b) of the Indian Telegraphic Act. We do not find any merit in this contention for the brief reasons that remedy for seeking compensation on account of deficiency in service and nature of dispute sought to be referred to the arbitrator under Sec.7 (b) of the Indian Telegraphic Act are independent of each other. The remedy by way of compensation as a consumer is available it suffered mental agony and also been harassed on account of deficiency in service. In view of the admitted fact that telephone remained out of order for 107 days, the respondent should have been compensated on account of mental sufferings and harassment and not by way of loss per day of the loss, the respondent might have suffered being a professional on account of loss of earnings. Taking overall view of the matter and keeping the fact that respondent is a lawyer by profession, we deem that compensation of Rs.10,000/- would meet the ends of justice. The appeals are disposed of in above terms. Appeal disposed of.