KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU, THIRUVANANTHAPURAM APPEAL No.474/04 Judgment Dated: 27.11.07 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARN : MEMBER 1. The General Manager, Telecom, B.S.N.L., Palakkad. :APPELLANTS 2. The Sub Divisional Engineer, B.S.N.L, Ottapppalam. (By Adv.G.S.Prakash) Vs K.Aravindakshan, College View, Palappuram.P.O., : RESPONDENT Ottappalam. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT The appellants/the respondents/BSNL who are under orders to pay Rs.1000/- as compensation for mental agony suffered by the complainant along with Rs.210/-being the expenses incurred for paper publication and also to pay Rs.200 as cost to the complainant. The case of the complainant was that the telephone No.244574 of BSNL went out of order on 25.5.03. The matter was intimated to the BSNL and recorded in the complaint book on 26.5.03 itself. He had repeatedly complained at the office of the respondent. But nobody did attend the work. Subsequently he sent registered notice and took it in person on 29/5. He had given advertisement on 31.5.03 in the malayala manorama daily for selling his house with the particular contact telephone Number. Being the
President he could not contact the Secretary or other members of the
Lions Club. He had claimed compensation of Rs.25000/- for the damages sustained as his property could not be sold and also 25000/- as loss sustained in his business along with Rs.5000/- for the loss on account of the fact that he could not contact the Lions Club members etc and 5000/- towards mental agony. 2. The respondent/appellants had filed the counter pointing out that disruption was occassioned on account of the upgradation of cable network. For road widening the PWD had demanded the appellant to remove or alter the telephone cables and the above are the reason for the delay in getting the line repaired. It is pointed out that 29.5.03 ie 7th day it was repaired. It is mentioned the order of Forum that the complainant filed affidavit and documents to substantiate his case with included the copy of complainant, submitted before the authorities and the paper publication receipt. Evidently as admitted there was delay in repairing faults. Further the appellants/ respondents have not adduced any evidence to justify the delay occasioned. No documents was produced or any evidence adduced to substantiate the case set up to the appellants. Hence we find there is no error in the order of the Forum below. Moreover compensation ordered to be paid is only meager. The appeal is dismissed. JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARN : MEMBER ps Telephone Index (Internal) S.Padmini Amma, SS | 21 | Filing Section | 22 | Smt.Valsala Sarangadharan, Member | 23 | Sri.M.V.Viswanathan, Judicial Member | 26 | Sri.S.Chandramohan Nair, Member | 24 | CA to President, P.Sahitha | 25 | T.M.Jawahar, Secretary & Registrar | 27 | Justice Shri.K.R.Udayabhanu | 28 |
Appeal No.199/04 Judgment Dated: 27.11.2007 JUSTICE SHRI.K.R.UDAYABHANU The appellants and the respondents/BSNL who are under orders to pay Rs.1000/- as compensation and cost of Rs.200 as cost to the complainant and also directed that the opposite parties will give rent rebate for one month which according to the appellant is already to give. The case of the complainant that his telephone became dead from 23.7.02 and that he complained on the same day and also on next 2 days no action was taken. The complainant also filed written complaint subsequently. Ultimately the lawyers notice was executed and the telephone became alive only on 9.8.02.ie after 17 days. Subsequently that there was the telephone is getting disconnected intermittently it is also contended the 2 cable telephones is remaining dead, ie. 464269 and 464116 served by a common cable with that of were working. Complaint will claimed the compensation at the rate of Rs.200 per day for the 17 days. It is also 50 per day for that intermittent failure of disconnection till the date of filing the petition. The contention of the respondent/appellant were that the disruption was occurred on account of cable fault it is there because that the telephone cable of the complainant is drawn under Sabari Pallom 220 KV line for about 1.5 KMs and it is often affected by lightening and that had to make replacing cable for a length of 200 meters and that fault repaired. Evidence adduced the testimony A1 to A4 ext.B1 and C1 commission report of the Advocate commissioner. On specific points on Adv.commissioner was directed to report. Commissioner is reported only at 2 points at a width of 10 meters. Underground cable causes 220 KV line this also mentioned of the 3 mentioned telephones were provide common over head cable and that the other telephones had no fault inorder to report of the commissioner the appellant have not produced no evidence that other two telephones were also similarly not working .The reason for read long delay was not satisfactorily explained except mentioning that so much of time was taken to repair or replace. Forum below strikely point out that the telephone connection cannot be treated as luxury for everyday life. Evidently adduced deficiency in service and the amount of compensation ordered it is only for Rs.1000/- We find no cause to appeal is dismissed. ps | 
