LAWS(NCD)-1997-7-120

TELECOM DISTRICT MANAGER HISAR Vs. SHYAM SUNDER INDUSTRIES

Decided On July 24, 1997
TELECOM DISTRICT MANAGER HISAR Appellant
V/S
SHYAM SUNDER INDUSTRIES Respondents

JUDGEMENT

(1.) Telecom District Manager, Hisar has come up in appeal against the order dated 22nd July, 1996 whereby the complaint of M/s. Shyam Sunder Industries, Hisar has been allowed, by granting relief to the complainant in the matter of payment of rental for the telephone during the period it remained dead. According to the complainant, in the month of August, 1993 the telephone numbers 74566 and 74577 remained dead due to under ground cable fault. After making the necessary enquiries the telephone department granted the necessary rebate {at the period 27th August, 1993 to 14th September, 1993, but not for the entire period as claimed by the complainant. Aggrieved by that the complainant approached the District Forum and produced before them the two telephone bills for the 16th July, 1993 to 15th September, 1993 in which only 15 and 194 calls were registered respectively. On this basis the learned District Forum came to the conclusion that the telephones remained dead for most of the period and allowed the complaint.

(2.) In the appeal before us, the telephone department has vehemently contended that no doubt the telephones in question remained dead for few days but the matter could not be challenged for granting the relief for the entire period of two months. We do not agree with the contention of the learned Counsel for the department as in the telephones provided to the industries like the complainants the registration of 15 and 194 calls was rediculously low. Consequently, we do not find any legal infirmity in the order passed by the learned District Forum and uphold the same by dismissing the appeal. The complainant-respondent shall also be entitled to the costs of litigation, which are quantified as Rs.1000/-.