TELECOM DISTRICT-DHENKANAL Vs. BRAMHANANDA NAYAK

JUDGEMENT

(1.) This appeal has been directed against the orders dated 30.11.2004 passed in C. D. Case No.115 of 2004 by the District Forum, Dhenkanal directing the opposite parties of the C. D. case who are the appelants, to give new telephone connection to the residence of the complainant/respondent within a month and to pay compensation of Rs.1,000 and litigation expenses of Rs.1,000 to the respondent.

(2.) The case of the complainant in brief is that, he had applied to the appellants to give telephone connection to his residence at village-Barsupal under Bhapur Exchange. After one year, the appellants issued demand note to the complainant on 15.10.2003 with a request to deposit Rs.500 on or before 6.11.2003 towards new telephone connection. The complainant/respondent deposited said amount vide money receipt dated 16.10.2003 (whose xerox copy is filed ). But the appellants did not give telephone connection to his residence though one year passed away and have given new telephone connection to Kulamani Baral of Swapneswar High School at Kahudi Bhoga and Sridhara Sahoo. Inspite of several requests of the respondents, the appellants did not give telephone connection. Therefore, respondent filed the aforesaid C. D. case against the appellant alleging deficiency in service against them and to direct them to give telephone connection, and to give him compensation and litigation expenses.

(3.) The opposite parties have admited about the application by the respondent for a new telephone connection and also about issuance of demand note to the respondent in consequence to which he has deposited Rs.500 on 16.10.2003, in their written version. But they have stated that as technically it was not feasible, they could not provide such facility to his premises. According to them as no spare cable were available, they had wanted for its availability to give such connection. A Circular No.3-4/98r dated 30.4.1998/endevour is to be made to provide telephone connection within two years for non-OYT registration from the month following the month of payment of registration fees. Also the registration fee also carries wanting charges from the date of payment till the day of immediately proceeding the day of connection @ interest payable by S. B. I. on the fixed deposits made with S. B. I. In these end of the view, according to the appellants, they have not caused deficiency in service to the appellant who is not a consumer.