UNION OF INDIA Vs. M L DHAR

JUDGEMENT

(1.) Brief facts giving rise to this appeal are that Mr. M. L. Dhar-complainant, was a resident of Rawal Puri, Sri Nagar in the State of J and K. In 1990, he alongwith members of the family, migrated from Sri Nagar to Delhi on account of terrorist activities there. On 4.6.1993 he applied for shifting his telephone to Delhi. Alongwith the application, he filed the bill cleared up to the date of application. Even though, the telephone had not been used since 1990 and the complainant had applied in July, 1991 to disconnect the telephone and it was actually dis-connected on 27.10.1990. Impleaded in the complaint were Union of India through Secretary to the Government, Ministry of Communications, General Manager (Telecommunication) Kashmir Province, Sri Nagar, Chief General Manager, J and K Telecom Centre and the General Manager MTNL, New Delhi. The complainant did not press for any relief against MTNL, New Delhi.

(2.) The plea of opposite parties 1 to 3 was that for issuing surrender certificate it was necessary that there were no arrears of dues against the subscriber including the rental upto the date of issuing the surrender certificate. In the extraordinary circumstances prevailing in Sri Nagar a case was made out and submitted to the higher Authorities for waiving the rental charges. Even otherwise, the case could not be processed promptly because of constant hartals and bands and terrorists activities.

(3.) During the pendency of the complaint, the surrender certificate was issued by opposite parties 1 to 3 on 27.6.1996 and a telephone was installed on 29.9.1996 at complainant's residence at Delhi.