GENERAL MANAGER TELEPHONES Vs. B S THIND

JUDGEMENT

(1.) This is an appeal against the order dated 26.3.1997 of District Consumer Disputes Redressal Forum, Ludhiana (hereinafter called the District Forum ). The District Forum held the opposite parties (telephone authorities) to be deficient in rendering service to the complainant with regard to his telephone No.877269 at village Mohi.

(2.) Briefly stated, the facts are that Sh. B. S. Thind, complainant allegedly an old man of about 90 years was allotted telephone number 877269 at village Mohi by the opposite parties. The complainant has stated in his complaint before the District Forum that he required the telephone due to his old age and sickness. Due to old age and sickness, he needed the services of the doctor and relatives in case of serious illness.

(3.) He further stated in his complaint that in the month of March, 1996 his telephone started mal-functioning and remained dead for most of the time. The matter was reported to the SDO Telephones, Mullanpur several times orally as well as by a letter dated 26.4.1996. He had pleaded before the opposite parties that he was sick, old and infirm person and needed the telephone service but nothing was done by the opposite parties. After he lodged the complaint on 26.4.1996, his telephone started working but one major defect remained and that was that out going calls to Mullanpur and Ludhiana were not available. Telephone again started remaining dead for most of the period. The complainant again approached the authorities and wrote a written complaint also on 3rd July, 1996 and requested the opposite parties to attend to the fault in the telephone immediately. No action was taken by the opposite parties. Again a complaint dated 14.7.1996 was lodged with the opposite parties on 18.7.1996 and that complaint was signed by more than 25 subscribers of telephones and the same was duly received by S. D. E. (Telephones), Mullanpur on 18.7.1996. But the opposite parties never bothered to attend the complaint despite the fact that he was an aged person of more than 90 years and always remained sick and he was in immediate need of the telephone for consultation with the doctors and getting his medicines. Due to this defect in the telephone, the complainant further stated that it was rather impossible for him to contact the doctors or even his relatives. He then stated in his complaint that this act of the opposite parties has physically tortured the complainant and caused him lot of difficulties including mental torture, financial loss. The complainant had also filed an affidavit before the District Forum narrating the above said factual position. Reply was filed by the opposite parties. In the reply, oral complaints made by the complainant are denied, however, it is admitted that the fault was reported by the complainant on 24.4.1996 and 3.7.1996. It is then stated in the reply that there was some on and off trouble in the exchange due to technical reason in the month of July, 1996, which had been rectified.