Principal General Manager, Telephones Vs. S. Bhupinder Singh Nanda and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1112607
CourtUnion Territory Consumer Disputes Redressal Commission UT Chandigarh
Decided OnAug-11-2004
Case NumberAppeal Case No. 290 of 2004
JudgeK.K. SRIVASTAVA, PRESIDENT, THE HONOURABLE MR. MAJ. GEN. S.P. KAPOOR, MEMBER & THE HONOURABLE MRS. DEVINDERJIT DHATT, MEMBER
AppellantPrincipal General Manager, Telephones
RespondentS. Bhupinder Singh Nanda and Others
Excerpt:
consumer protection act, 1986 - section 2(1)(g) - comparative citation: 2004 (4) cpj 680k.k. srivastava, president: 1. after hearing mr. g.c. babbar, advocate, learned counsel for the appellant and going through the impugned judgment and order dated 20.5.2004 passed by district consumer disputes redressal forum-i, u.t., chandigarh [for short hereinafter referred to as the district forum] in complaint case no. 721 of 2003, we find that the district forum took into consideration the fact that the importance of the telephone service was well known and in case the telephone becomes non-functional, the consumer is put to harassment and mental agony. it was also held that non-functioning of the telephone was admitted by the appellant/o.p. though the appellant/o.p. contested the complaint case on the ground that the underground cable had been stolen over which the appellant/o.p. had no control and it could not be held deficient in service for the telephones remaining out of the order for the period from 4.9.2003 to 17.9.2003 i.e., 14 days and for the period from 8.8.202 to 21.8.2002 i.e., another 14 days. the telephones thus remained out of order in august 2002 for 14 days and in september again for 14 days and the grievances of the respondents/complainants did not receive prompt attention of the appellant/o.p. 2. the appellant/o.p. was clearly deficient in rendering service as it was the duty of the appellant/o.p. to ensure that the cable, which had been stolen was replaced by another cable and telephone facilities restored to the consumers, who were put to great deal of harassment and mental agony. the district forum has awarded a compensation of a sum of rs. 500/- to each one of the 20 complainants, which cannot be said to be in any way unjust or excessive. the said amount has been directed to be paid within 30 days of the receipt of certified copy of the order failing which the said amount shall attract interest @ 7% per annum. the rate of interest @ 7% is quite proper and justified. 3. the district forum has thus rightly allowed the complaint. we find no infirmity in the impugned order. the appeal lacks merit and is dismissed in limine. copies of this order be sent to the parties free of charge.
Judgment:

K.K. Srivastava, President:

1. After hearing Mr. G.C. Babbar, Advocate, learned Counsel for the appellant and going through the impugned judgment and order dated 20.5.2004 passed by District Consumer Disputes Redressal Forum-I, U.T., Chandigarh [for short hereinafter referred to as the District Forum] in Complaint Case No. 721 of 2003, we find that the District Forum took into consideration the fact that the importance of the telephone service was well known and in case the telephone becomes non-functional, the consumer is put to harassment and mental agony. It was also held that non-functioning of the telephone was admitted by the appellant/O.P. though the appellant/O.P. contested the complaint case on the ground that the underground cable had been stolen over which the appellant/O.P. had no control and it could not be held deficient in service for the telephones remaining out of the order for the period from 4.9.2003 to 17.9.2003 i.e., 14 days and for the period from 8.8.202 to 21.8.2002 i.e., another 14 days. The telephones thus remained out of order in August 2002 for 14 days and in September again for 14 days and the grievances of the respondents/complainants did not receive prompt attention of the appellant/O.P.

2. The appellant/O.P. was clearly deficient in rendering service as it was the duty of the appellant/O.P. to ensure that the cable, which had been stolen was replaced by another cable and telephone facilities restored to the consumers, who were put to great deal of harassment and mental agony. The District Forum has awarded a compensation of a sum of Rs. 500/- to each one of the 20 complainants, which cannot be said to be in any way unjust or excessive. The said amount has been directed to be paid within 30 days of the receipt of certified copy of the order failing which the said amount shall attract interest @ 7% per annum. The rate of interest @ 7% is quite proper and justified.

3. The District Forum has thus rightly allowed the complaint. We find no infirmity in the impugned order. The appeal lacks merit and is dismissed in limine.

Copies of this order be sent to the parties free of charge.