Circuit Bench Nagpur

StateCommission

A/07/671

VINOD B. MAHESHWARI - Complainant(s)

Versus

BSNL - Opp.Party(s)

ADV. MOTWANI

11 Jul 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
First Appeal No. A/07/671
(Arisen out of Order Dated null in Case No. CC/06/110 of District Bhandara)
 
1. VINOD B. MAHESHWARI
TUMSAR
 
BEFORE: 
  HON'BLE P.N.KASHALKAR PRESIDING MEMBER
  HON'BLE SMT.JAYSHREE YENGAL MEMBER
  HON'BLE N. ARUMUGAM MEMBER
 
PRESENT:
None
......for the Appellant
 
Adv.Mr H I Kothari
......for the Respondent
ORDER

Per Mr P N Kashalkar, Presiding Judicial Member

1.      None is present for the appellant. Appellant is original complainant in whose favour the Consumer Complaint is partly allowed by the District Consumer Forum, Bhandara on 13.06.2007 whereby the Forum below directed the respondent / o.p. Nos. 2 & 3 to ensure that the telephone connection of the complaint is properly restored and Forum below also directed the o.ps to pay sum of Rs.1,000/- towards mental agony and Rs.1000/- towards cost. Being not satisfied with inadequate compensation awarded, the complainant himself filed this appeal.

2.      Complainant, resident of Tumsar, is a businessman, having his office at Gondia. Complainant had two telephone connections, one at Gondia and second at Tumsar. Complainant had deposited Rs.2,000/- on 25.05.2005 under Voluntary Deposit scheme with a view to prevent disconnection in case of loss of bill in transit and in order to receive monthly bill of Rs.0/- till the deposit and interest thereon gets exhausted. In spite of that his telephones at Gondia, was disconnected on 17.11.2006 due to non-payment of bills. Therefore, on the same day complainant issued registered notice to the o.p.No.3 with a copy to SDO Gondia. Thereafter on 21.11.2006 the telephone was restored. Hence, complainant filed before the District Consumer Forum Bhandara for the deficiency in service and sought damages, compensation, cost, interest on the said voluntary deposit.

3.      O.ps. filed their reply and submitted that due to new software, some bills were shown outstanding and not adjusted against the said deposit, consequently telephones of the complainant came to be disconnected. However, on receipt of the letter from the complainant o.ps. had restored both the telephone immediately and instructed to their Gondia office not to disconnect these telephones. It has been stated by the appellant himself that for 4 days his telephones were disconnected. For this purpose the Forum below has awarded Rs.1,000/- as a compensation towards mental and physical harassment and Rs.1,000/- as cost. Aggrieved by this inadequate compensation complainant has filed this appeal for enhancement in compensation.

4.      We heard Adv.Mr H I Kothari for the respondents and perused the impugned judgement & award and documents on record.

5.      In our view, the appeal is devoid of any substance. When compensation of any kind is asked for, the Forum is required to be reasonable and just. In our view, for 4 days disconnection of the telephones the Forum has rightly awarded the compensation of Rs.1,000/- for physical and mental harassment and Rs.1,000/- as cost.  We find no substance in appeal filed for enhancement in compensation.

          Hence, we pass the following order:-

ORDER

1.      Appeal is dismissed.

2.      No order as to cost.

3.      Inform the parties accordingly.

         Pronounced on 11.07.2011.

 

 
 
[ HON'BLE P.N.KASHALKAR]
PRESIDING MEMBER
 
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER
 
[ HON'BLE N. ARUMUGAM]
MEMBER

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