(Passed on 18.07.2016)
Per Mr. Justice A. P. Bhangale, Hon’ble President
1. At the request of Mr B B Lade, learned advocate for the appellant, we heard him on merits. We also heard the respondent.
2. According to the respondent Mr R S Kanojiya, he was issued many bills by the appellant for telephone connection. He stated that he is entitled to connection of telephone for which bills were issued.
3. We find that the telephone No.724834 is mentioned in the operative part order while the O.P. was directed to connect the said telephone. Learned advocate Mr Lade submitted that if the respondent complies with the rules and regulations of the appellant, he can be provided that same telephone connection for which the bills were issued, if an application is made in accordance with the law.
4. Under the circumstances, we direct the complainant to move an application giving telephone number for which, bills were issued in his favour. Accordingly, the telephone connection ought to be supplied or extended to him for his residential address, where he at present resides subject to compliance of rules & regulations of the appellant. Award of compensation in the facts & circumstances was uncalled for.
ORDER
i. Under the facts & circumstances, we partly allow the appeal by setting aside the compensation granted for the sum of Rs.4,000/-.
ii. However, we maintain the cost of litigation for Rs.1,000/-, awarded by the Forum below.
iii. The opposite party (appellant herein) shall accept the application, if any, from the complainant giving details about his residential address and telephone number in the past, for which, he was issued telephone bills and requested phone connection in accordance the rules & regulations as prescribed and required by the appellant company. Compliance of the order shall be made within a period of three months from the date of this order.
iv. No order as to costs in this appeal.
v. Copy of the order be furnished to both parties free of cost.
