T D M CHAPRA Vs. SHIV DAYAL SINGH

JUDGEMENT

(1.) The Telephone District Manager, Chapra and two others are the appellants and Mr. Shiv Dayal Singh who was the complainant in the District Forum is the respondent. The appeal is against an order dated 31.8.2005 passed by the District Forum, Chapra in Complaint Case No.107/2002. By the impugned orders the District Forum had directed the O. Ps. (appellants) to restore the telephone connection of the complainant without any charge. Further, the bill dated 11.3.2002 for an amount of Rs.1,038 by the department was cancelled and a compensation of Rs.2,000 was ordered to be paid.

(2.) The facts of the complaint in brief were as follows. As a senior citizen, the complainant got a telephone connection installed in his house in the rural area so that he can be in touch with his issues and relations who were spreed out all over the country and abroad. The telephone remained out of order since January, 2000 and when he learnt it was due to some mechanical problem in the set, he surrendered the instrument to the department on 25.3.2000 and asked for a new set. In spite of pursuing the request the department was able to give a new telephone instrument only in July, 2000. He received a bill dated 11.3.2002 for Rs.1,038 which related to the period when the phone was out of order. Hence the complaint was filed.

(3.) We have perused the records including the rejoinder filed by the respondent and we have heard the parties. The impugned order shows that a belated petition as reply by one K. Ansari, D. E. (A and P) while he was not a party to the proceeding and had no authorization in his favour from the Telephone Department or the O. Ps. had been filed. Hence, it was held that such a petition cannot be maintained by the Forum. Since no other reply or evidence was given by the O. Ps. , the District Forum considered all documents and passed the impugned order. It also shows that on behalf of the O. Ps. a point was raised that the complaint is not entertainable by the Forum. This was however rejected by the District Forum.