LAWS(NCD)-1999-8-80

M T N L Vs. SAT BHUSHAN JAIN

Decided On August 11, 1999
M T N L Appellant
V/S
SAT BHUSHAN JAIN Respondents

JUDGEMENT

(1.) The appellant/mtnl has filed the present appeal challenging the order of the District Forum dated 8th April, 1997 in Case No.357/96 entitled Shri Sat Bhushan Jain V/s. M. T. N. L. The case of the respondent is that he as well as his two sons are practising Advocates and their telephone No.2203030 remained out of order during the period 20.5.1994 to 21.7.1994, but he could lodge a complaint only on 11.6.1994. It is also his case that 2 linemen, Bhanwar Singh and Shanker came to repair the fault and asked for an illegal gratification of Rs.100/- per month. On refusal to grant the same, they left threatening to keep the telephone out of order. The respondent/complainant thereafter lodged a number of complaints with the appellant/mtnl, as well as, personally met the concerned officials, but to no avail. Eventually the complainant/respondent filed a complaint before the District Forum praying for a compensation of Rs.50,000/- and also that the guilty officials be penalised by deducting Rs.1,000/- per month from their salary, for two months.

(2.) The above complaint of the complainant/respondent was contested by the appellant. In their reply, the appellant denied all the allegations made against them. However, it was admitted that as per the Fortnightly Meter Reading (FNMR), (copy placed on record and marked as Annexure-A), the telephone of the respondent remained out of order, only for a fortnight i. e. from 1.7.1994 to 15.7.1994, for which period a rental rebate was allowed to the respondent. The said information was conveyed to the respondent vide the appellant's letter dated 31.10.1994.

(3.) The learned District Forum vide their order dated 8.4.1997 allowed the complaint of the complainant/respondent and directed the MTNL to pay Rs.5,000/- as compensation to the respondent alongwith Rs.500/- as cost of litigation.