LAWS(NCD)-1996-9-83

GENERAL MANAGER TELEPHONES JALANDHAR Vs. OM PARKASH KAMBOJ

Decided On September 12, 1996
GENERAL MANAGER TELEPHONES JALANDHAR Appellant
V/S
OM PARKASH KAMBOJ Respondents

JUDGEMENT

(1.) This appeal is by the Telephone Department, challenging order of the District Forum, Jalandhar dated April 22,1996. Vide this order, the following relieves have been granted against the appelant to the consumer Om Parkash Kamboj, a user of the telephone. Refund of Rs.3,600/- with 1 percent interest per month as the complainant was made to pay this amount on utilisation of telephone obtained on medical grounds. Apart from the above, a sum of Rs.2,000/- towards damages was allowed and sum of Rs.500/- towards costs.

(2.) The complainant obtained telephone connection in August, 1991 on medical grounds. Upto Sept. , 1993, he availed of that facility. He applied for another telephone of the general category, which was changed to OYT category in April', 1991 on deposit of Rs.7,000/- more. AT that time, the house of the complainant was to be served through Model Town Exchange. Subsequently, the Exchange was changed to E 10-B Exchange (Master Tara Singh Nager Exchange ). Since for more than 3 years telephone was not provided to the complainant he approached the District forum for relief. The reply filed by the "telephone department was that since the Exchange was shifted and his seniority even in the original Telephone Exchange had not matured, telephone could not be granted. It may be observed at this stage that it was during the pendency of the complaint before District Forum that an instrument was installed at the premises of complainant on March 7,1994 on maturity of his turn and actually it was made operational on Sept. , 15, 1995 from Master Tara Singh Nager Exchange. These facts are incorporated in the written arguments submitted by the Telephone department before the District Forum.

(3.) Learned Counsel for the appellant has argued that the grant of Rs.3,600/- refund of the rental of the telephone obtained on medical grounds, even if there was deficiency is uncalled for. There is force in this contention. Obtaining telephone on medical grounds invites extra payment of rental and that has nothing to do with the question of obtaining telephone in General category or OYT Category. It was urgent need of the complainant that he obtained the telephone connection on medical grounds and he was to pay for the same as per tariff. Thus refund of amount of Rs.3,600/- as rental charges for the telephone obtained on medical grounds is un-called for.