KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM APPEAL 307/2008 JUDGMENT DATED: 11.8.09 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT 1. Junior Telecom Officer, : APPELLANTS BSNL, Perdala Exchange, P.O.Perdala. 2. The Lineman of Nirchel Area, Perdala Exchange, P.O.Perdala. (By Mathews K.Philip, Standing Counsel for BSNL) vs. Kunhappa Naik, : RESPONDENT S/o Koraga Naik, Oniyadka House, BP XIV/29, PO.Nirchal, Kasargod District. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party/BSNL in CC.110/06 in the file of CDRF, Kasargod. The appellant is under orders to provide land line telephone connection to the complainant within 3 months from the date of receipt of the order and to pay Rs.1000/- as cost and Rs.10000/- as compensation to the complainant . 2. It is the case of the complainant that priority has been overlooked with respect to providing landline connection and that WLL connection offered was not accepted on account of the bitter experience of his relatives and neighbours in this regard. 3. The opposite parties /appellants had contended that it is not technically feasible and that there is no cable pair to provide landline connection to the complainant. The connections allegedly given overlooking the priority of the complainant falls under different distribution points. 4. The evidence adduced consisted of Ext.A1 to A7 and B1 and B2. 5. The Forum has noted that the opposite party has not complied with Rule 30 of the General Rules with respect to maintaining of the priority register and periodical review of the same and hence ordered as noted above. 6. I find that appellant has failed to convince the Forum as to the reason mentioned by the appellants ie technical non feasibility. The appellant is bound to convince the Forum as to the reasons as to why providing connection to the complainant is not technically feasible. The data in this regard has not been produced before the Forum. It appears that no earnest attempt in this regard has been made by the appellant. In the circumstance I find that a reconsideration in the matter is called for. The order of the Forum is set aside on condition that the appellant deposit a sum of Rs.2000/- before the Forum towards cost of the complainant. The same can be withdrawn by the complainant. On deposit of the above amount the Forum will issue notice to the complainant and permit the parties to adduce further evidence and dispose of the matter on merits. The matter will stand posted before the Forum on 26.9.09. Office is directed to forward a copy of this order to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT ps | 
