TELEPHONE DISTRICT MANAGER Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) The Department of Telecommunication appeals against the order of the District Forum, Sonepat, allowing the respondent's complaint and directing the refund of the deposited amount with interest and other ancillary reliefs.

(2.) We are firmly of the view that the impeccable order under challenge has to be upheld and, therefore the facts and merits deserve notice with utmost brevity in this order of affirmance. Suffice it to mention that the respondent- Punjab National Bank admittedly applied for a new telephone connection way back on the 18th of October, 1987 and deposited the requisite amount of Rs.800/- along therewith. It would appear that the appellant-Department made a further demand of Rs.14370/- for the release of the connection, which was again duly paid vide receipt dated the 3rd of August, 1988, Despite an advice note having been issued by the Divisional Engineer, the telephone connection was not released for well high three years thereafter, compelling the respondents to cancel the demand and seeking the refund of the deposited amount. Though, the requisite formalities, therefor were completed, even this was not done and the registered notice was also issued without any response. Inevitably the respondent-Bank knocked at the door of the District Forum seeking the refund of Rs.15170/- with interest at 18% and further compensation and costs.

(3.) The appellant-department admitted the broad factual matrix of the respondent having applied and duly deposited the requisite amounts. But took up the somewhat specious plea that the telephone could not be released due to the non-receipt of "stores" from the higher authorities, Meanwhile the respondent could secure a connection from a different exchange and therefore cancelled his demand and it was admitted that he had applied for the refund of deposited amounts. But the strained plea was that various formalities, therefor could not be completed, till the 22nd of September, 1992, when a cheque in their favour was issued, but apparently forwarded much later alongwith the communication giving the details of the refund etc.