Orissa

Kendujhar

18/1996

Smt. Damayanti Sahoo - Complainant(s)

Versus

1. Department of Tele communication - Opp.Party(s)

Sri B.B. Pradhan, Sri A.K. Das & Sri D. Rana

21 Jan 1997

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KENDUJHAR

C.D. CASE NO.18 OF 1996

Smt. Damayanti Sahoo,

W/o - Budhadev Sahoo,

Village - Kabitra, D.D. College,

Dist- Keonjhar                                                        

                                                      .    .   .   Complainant

                 Versus

1. Department of Tele communication,

Rep. by S.D.O. (Technical),

At/P.O/Dist- Keonjhar

2. Telecom District Engineer,

Dhenkanal, P.O/Dist- Dhenkanal

3. Junior Telecom Officer,

Teligraphs II, Keonjhar,

Post/Dist- Keonjhar        

                                                        .   .   .   Opp. Parties

Advocate for complainant- Sri B.B. Pradhan, Sri A.K. Das & Sri D. Rana

Advocate for O.Ps- Sri S.N. Mahanta (Govt. Pleader)

 

Present- Sri G.N. Barik, President

               Miss P. Parija

                       And

               Dr. K.K. Dwibedi, Member

_________________________________________________________________________

Date of Hearing: 09.01.1997                                                        Date of Order: 21.01.1997  

O R D E R

Sri G.N. Barik, President: This complaint case has been filed by one Smt. Damayanti Sahoo, wife of Budhadev Sahoo, village - Kabitra, district- Keonjhar, claiming deficiency in service on the part of Opp. Parties, the Telecommunication Officers. The fact in brief is that she was a regular consumer of Telecommunication Department by installing a telephone within the jurisdiction of Raisuan Telephone Exchange and was regularly paying the charges. The installation of the telephone under Raisuan Exchange became inconvenient for her and hence she wanted to shift the telephone to Keonjhar Exchange. She applied for shifting and after sanction of such shifting by Telecom Officer and other authorities deposited the shifting charges amounting to Rs.600/- vide Demand Order No.31, dt.28.11.95. But till today the said Telephone connection has not been shifted as applied for. Due to such harassment the complainant has filed this complaint seeking redress. Opp. Parties have appeared in this case and through Govt. Pleader are contesting the case. The support of the complaint the complainant has filed Xerox copy of the application form and the Demand Note send to her vide No. 31, dt.28.11.95 are accepted and marked as Ext.1 & 2 as per serial number allotted to the document for the complainant. The Opp. Parties in this case have admitted all the allegations of the complainant to its entreaty. They admit to have received the application form and assessment done and sent the demand note of Rs.600/-. But they claimed that due to misconception of Rules relating to shifting, passing of order for shifting of the Telephone has been wrongly committed. Therefore, the OPs are of opinion that the complainant should either file a fresh application for installation of the telephone in Keonjhar Exchange jurisdiction or she can take back her deposited amount accepted wrongly. Since there is clear admission of the wrong committed by the OPs, which amounts to deficiency in service.    

      I am of the opinion that the complainant is entitled to compensation for wrong committed in due discharge of their official and therefore, the complainant is entitled to compensation. The OPs are seems found under tortuous liability, are ordered to pay compensation to the extent of Rs.1000/- as claimed by the complainant jointly or severely within one month from the date of receipt of the order and also further directed to give a new connection on the application as per rules adjusting the charges under Demand Note within the prescribed period failing which all the decreetal dues amounting to Rs.1000/- towards compensation shall be realized as fine amount and paid to the complainant. With the aforesaid discussion, this complaint is allowed in part without cost.                     

     Orders pronounced in the open Forum today this is the 21^st day of January, 1997 under my hand and seal of this Forum.

 

              I agree                                                   I agree

     Dr. K.K.  Dwibedi                                      Miss P. Parija                           Sri G.N. Barik  

            Member                                                 Member                                  President

 

                                                                                      Dictated and Corrected by me.

                                                                                                     Sri G.N. Barik     

                                                                                                        President