Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

(1)                This appeal is filed in 2003 and since then it was lying unattended.  Not even first order was sought by the Appellant.  Complainant is the Appellant and he is not satisfied with the meagre compensation granted for the deficiency in service on the part of the telephone department and therefore, he filed present appeal for enhancement of compensation.  He has been granted amount of `500/- as compensation against the compensation he sought of `50,000/- for damages from the telephone department. 

(2)                This appeal was lying unattended and therefore, on 5^th July, 2011.  This appeal was placed before us for disposal as per the policy of the Commission to dispose of old matters.  On that day on finding that this appeal was taken out from sine die list and both the parties were absent we directed office to issue fresh notices to both the parties and notices were made returnable on 12.08.2011.  On 12.08.2011 office was again directed to issue notice to both the parties and notices were made returnable today i.e. on 12.10.2011.  In the meantime on 13.09.2011 the office has issued notices to both the parties.  By now both the parties must have received the notices by ordinary post, hence, we have to presume that both the parties have received the notices sent by this Commission within a span of one month.  We therefore proceed to decide the appeal on merit.

(3)                The consumer complaint was filed by Mr.Sunil Baburao Khairnar, who is a resident of Thengoda, Taluka – Satana, District Nashik.  He alleged that he was having Telephone no.20328 from Satana Telephone Exchange and he had taken S.T.D. facility to his said telephone.  His telephone was then transferred to Vithewadi Telephone Exchange from Satana Telephone Exchange because the distance between his village Thengoda and Vithewadi Telephone Exchange is 3 kilometers and the distance between his village Thengoda and Satana Telephone Exchange is 9 kilometers.  Underground cable was made from Thengoda Village to Vithewadi Telephone Exchange in the month of June, 2000.  So, this telephone was transferred to Vithewadi Telephone Exchange disconnecting it from Satana Telephone Exchange.  He was given new telephone 32759 by Vithewadi Telephone Exchange.  He pleaded that after first telephone was disconnected his S.T.D. facility was withdrawn and only local telephone facility was provided.  Hence, for more than one year he had not been given STD facility by Vithewadi Telephone Exchange.  So, his grievance is that he has been unnecessarily deprived of S.T.D. facility and therefore, he suffered financial loss and he prayed that he should be awarded amount of `50,000/-.  The telephone department had pleaded that STD facility available to the Complainant was never withdrawn and that can be seen from the bills issued to the Complainant. 

(4)                The District Forum after considering the affidavits and documents filed by both the parties was of the view that before diverting telephone to Vithewadi Telephone Exchange no notice was given to the Complainant and therefore, they were guilty of deficiency in service.  Therefore, the District Forum allowed the complaint partly and granted `500/- to the Complainant by way of compensation.  Aggrieved by this inadequate compensation granted, the Complainant has filed this appeal.

(5)                We are finding that the appeal preferred by the Complainant claiming compensation of `50,000/- is appearing to be having no merit in as much as compensation has to be granted with respect to the deficiency in service proved by the Complainant.  S.T.D. facility was available to the Complainant/Appellant as per finding recorded by District Forum and as per the bills submitted by telephone department before the District Forum.  So only deficiency was that he was not intimated well in advance, however, his telephone was shifted to Vithewadi Telephone Exchange from Satana Telephone Exchange and for some days Complainant suffered problem which was solved by the telephone department and S.T.D. facility was all the while continued by the telephone department.  Thus, we find that the order passed by the District Forum is appearing to be just and proper.  We are finding no substance in the appeal filed for enhancement of  claim of `50,000/-.  Hence, we pass the following order:

O  R  D  E  R

         (i)              Appeal stands dismissed.

       (ii)              No order as to costs.

     (iii)              Inform the parties accordingly.

Pronounced on 12^th October, 2011.