ORDER

Per: Justice B.S. Verma, President (Oral):

            This appeal is directed against the impugned order dated 10.09.1999 passed by the District Forum, Almora in consumer complaint No. 08 of 1999; Sh. Govind Singh Mehta vs. Sub Divisional Engineer, (MARR) Door Sanchar, Almora, whereby the District Forum has allowed the consumer complaint and directed the opposite party to pay Rs. 5,000/- as compensation on account of mental agony and also directed to provide telephone connection to the complainant within two months.

2.       Briefly stated the facts of the case, giving rise to the appeal, are that on 30.11.1996 the complainant-Govind Singh Mehta applied for a telephone connection and after receiving of the demand note he deposited Rs. 1,000/- with the Telephone Exchange-opposite party, but the opposite party did not issue him a telephone connection.  It was alleged by the complainant that the distance from the telephone pair to his house is of 20 meter.  Thereafter the complainant sent the registered notices dated 02.04.1998 and 13.08.1998 to the opposite party, but the same were not replied by the opposite party. Due to the negligence, the complainant suffered a great mental agony and financial loss. Therefore, the complainant filed a consumer complaint against the opposite party for financial loss @ Rs. 40/- per day from the year 1996, total sum of Rs. 40,000/-.

3.       The consumer complaint was contested by the opposite party by filing written statement and it was pleaded that the complainant wants a telephone connection in his residence at village Siyali and the telephone exchange, Baijnath is situated at a distance of 7-8 km., therefore, it is not possible for the opposite party to give single connection to the complainant. It was also pleaded that the telephone connections, which were given to the other persons were situated near Telephone Exchange, Baijnath and it was also intimated to the complainant, if he wants to take back the registration amount, he can apply for the same and the opposite party will return back the same amount in accordance with rules.

4.       Both the parties have filed their evidence on record. After hearing both the parties, the consumer complaint was decided on 10.09.1999.  The District Forum after considering the facts imposed  Rs. 5,000/- as compensation on the opposite party and also directed the opposite party-appellant to give telephone connection to the complainant within two weeks. Aggrieved by the said order, the opposite party-Telecom Department has filed the present appeal.

5.       This appeal has been preferred by the appellant on the ground that the respondent has applied for a telephone connection and he also deposited Rs. 1,000/- as registration fee.  Since the telephone exchange, Baijnath is situated at a distance of 7-8 km. from the residence of complainant-respondent, therefore, the appellant is unable to comply the judgment and order passed by the District Forum.

6.       We have perused the impugned order passed by the District Forum, Almora.  According to the appellant it was not possible to install the telephone connection in respondent’s house, since the distance is about 7-8 km. from the Telephone Exchange, Baijnath. According to the respondent-complainant the other telephone connections were given to the other persons from the same telephone exchange, Baijnath. Since the matter pertains to the year 1999.  During the period intervening, it might be possible that the telephone pair may be available at nearest place, therefore, the impugned order is modified to the extent that if the complainant-respondent is in need of telephone connection, he may request from the Telephone Exchange-appellant for the same and the appellant after considering the present feasibility position reconsider the case of telephone connection sympathetically. So far as the penalty is concerned, since at that time it was not possible to install the telephone connection for a single person in a village, therefore, there is no question of telephone connection. So far penalty is concerned, this part of the impugned order is set aside. It is provided that if the respondent-complainant is not in need of telephone connection, then he may apply for refund of the amount deposited as registration fee.  The same be refunded by the opposite party-appellant with interest as per rules.

7        For the reasons aforesaid, the appeal is partly allowed. Impugned judgment and order dated 10.09.1999 passed by the District Forum, Almora in consumer complaint No. 08 of 1999 is modified to the above extent. No order as to costs.