MODI KOREA TELECOMMUNICATIONS LTD Vs. S SUDHAKAR

JUDGEMENT

(1.) These two appeals arise out of the one order passed by the District Forum, Madras-South in O. P. No.302/96. A. P. No.339/97 has been filed by the opposite party against which an award has been passed by the District Forum, and A. P. No.763/ 97 has been filed by the complainant asking for enhancement of the compensation awarded. Hence both these appeals can be heard and disposed of in one order here.

(2.) In this matter, the case of the two complainants is that they have availed of the Pager facility offered by the opposite party M/s. Modi Korea Telecommunications Ltd. from 5.4.1995. Their telephone number commences with figures "51". All the telephone numbers commencing with "51" were not connected with "9610" of Modi Korea through which only the messages are being conveyed to the complainants. For this reason, the complainants could not send messages to the Pager system nor could they receive messages from others who had got phone numbers commencing with figures "51". The complainant informed about this defect in the system to the opposite party but in spite of reminders and also a legal notice there. was no response. By the time they rectified the defect, i. e. , connected the phones with numbers commencing with figures "51" it was more than one year, that is, it was done in December, 1996. Alleging that on account of this they had suffered financially and mentally, both the complainants filed the complaint for compensation.

(3.) The opposite party contended that on receipt of the report from the complainants about the said defect in the system they immediately contacted the Telephone Department and asked them to set it right, but they did not do it in spite of reminders and they took their own time and thus it was beyond their control and thus therefore there was no deficiency in service on their part. Hence the complaint against them was not maintainable.