TELECOM DISTRICT MANAGER Vs. RAMANAND ROY

JUDGEMENT

(1.) This appeal is directed against order dated 4th December, 1992 passed by the District Forum, Patna in Complaint Case No.288 of 92. The complainant before the District Forum is the respondent here and the appellant here was Opp Party before the District Forum.

(2.) The facts of the case as alleged by the complainant before the District Forum may be briefly stated. The complainant was having a telephone connection bearing No.58049 while he was residing in Mohalla Kankarbagh at Patna. But subsequently he changed his residence and started living in a rented house in Magistrate Colony in Khajpura at Patna. On his request his telephone connection was transferred to his new residential house and his telephone No. was 235453. His new telephone connection started working fifteen days after its installation but soon thereafter it developed some defects and it started giving low sound for which he made complaint on telephone No.198 on 19.12.91,20.12.91 and 28.12.91. But inspite of this complaint the Opp. Party did not take any action and thereafter the complainant asked his son to meet the Junior Engineer. But inspite of the complaint made to the Junior Engineer by his son and the complaint being recorded in the complaint register nothing was done by the department to correct the working of his telephone. Thereafter the son of the complainant complained to Sri Diwedi, the Divisional Engineer who dialed his telephone in his presence and it was found that the telephone was working and it was being used by resident of house No. A-65, situated in that Magistrates Colony. But even thereafter nothing was done by the department. Hence the complainant filed a complaint to Director General on 27.1.92 and on the same day again complained to the Divisional Manager Sri Diwedi who directed his Sub-ordinate Officer on telephone to make the telephone operative by 28.1.92. But inspite of that the telephone of the complainant remained virtually dead. Hence the complainant filed his case before the District Forum claiming compensation of Rs.50,000/- on account of mental tension and financial loss to which the complainant was put due to negligence on the part of the Opp. Party.

(3.) On being noticed the Opp. Party appeared and filed written version alleging that the telephone of the complainant was transferred and no complaint was ever filed in respect thereof and that for the first time the complainant had made complaint regarding the non-functioning of his telephone on 19.12.91 which on investigation was found to be due to fault in cable and the same was corrected on 27.12.91.