S D O TELEPHONES Vs. R K GUPTA

JUDGEMENT

(1.) Telephone Department has come up in appeal against the order dated 11.4.1996 passed by the learned District Consumer Forum, Yamunanagar, whereby the complaint of respondent Dr. R. K. Gupta, who is a P. C. O. licencee of the Telephone Department, has been allowed directing the Telephone Department to restore the P. C. O. on payment of the dues and to instal a correctly working apparatus.

(2.) The complainant had approached the learned District Consumer Forum with the grievance that though he was having a P. C. O. telephone connection bearing No.23064, the apparatus provided by the Telephone Department was not properly working and on that account prayed that the Telephone Department be directed to put the same in order. In reply, the Telephone Department pleaded that it has been settled by now by the Hon'ble National Commission that a P. C. O. holder was only a licencee of the Telephone Department and not a consumer. Hence, he (the complainant) could not invoke the jurisdiction under the Consumer Protection Act. Despite this, the complaint has been allowed by the learned District Consumer Forum.

(3.) In the appeal before us, the learned Counsel for the appellant has reiterated the stand taken by the Telephone Department before the District Forum questioning the maintainability of the complaint on the ground that the complainant being a P. C. O. holder is not a consumer. We find merit in the contention and allow the appeal. Hence, the order passed by the learned District Forum is set aside and the complaint is dismissed with no order as to costs. Order set aside