Heard learned counsel for the appellants. None appears for the respondent.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in nutshell is that the complainant is a customer under the OPs and he is an advocate at Boudh. He is having a Cell phone bearing No.9437207580. It is specifically alleged that on 25.3.2009 both the landline telephone and Cell phone  network was not available at Boudh from 9.00 AM to  3.00 PM and again on 26.3.2009, it was not available from 3.00 PM to till 1.00 PM.  on 27.3.2009. It is alleged inter alia that frequently the OPs failed to render service to the complainant, for that he is not able to carry out his profession in High Court of Orissa and other Courts also he being political person not able to contact party high command. So alleging deficiency in service on the part of the OPs, he filed the complaint.

4.      OPs filed written version stating that they have not received any complaint from the complainant directly but it is admitted by them that due to expansion of Ranchi – Bijaywada Highway between Phulbani to Kalinga there was damage to the cables. However, by engaging a special team, they repaired the cables and restored the telephone line within short span. Therefore, there is no any deficiency in service on their part.

5.      After hearing both sides, learned District Forum passed the following order:-

                    “xxx   xxx   xxx

OPs are directed to pay a moderate compensation of Rs.15,000/- (Fifteen thousand) only to the complainant within one month from the date of this order failing which it will be taken against them U/s 27(1) of C.P.Act. This case is disposed of accordingly.”

6.      Learned counsel for the appellant submitted that the complainant has never raised any allegation about interruption of the telephone line for which there was no cause of action to file the complaint. Besides, he submitted that due to expansion of road, there was disconnection of cables and the same has been repaired. Learned District Forum ought to have considered all these facts  and law but by  not analyzing all these facts passed the impugned order by allowing the complaint. So, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for the appellant and perused the DFR including the impugned order.

8.      It is admitted fact that the complainant is a regular consumer under the OPs. It is also not in dispute that there was disconnection of cable due to expansion of Ranchi - Vijayawada National Highway. When there is expansion of road obviously there would be disconnection of cable connection. The expansion of road is at the interest of the entire public whereas the telephone connection to an individual is a right accrued to the individual. When the right of the mass is  pitted against individual right, Forum is to prevail. Apart from this, as it appears the OPs have restored line in a day or  two as per the complaint. Hence, we are of the view that the deficiency of service is hardly available with the OPs to award any compensation. As per the provisions of the Telegraph Act, the compensation would be only available if there is disruption of supply beyond 7 days. This is with regard to the notification dated 23.11.2006 of Telephone Department. There is no any allegation lodged against the OPs by complainant to raise cause of action.  Unless, there is allegation lodged, the deficiency in service cannot be attributed to the OPs. Learned District Forum has failed to appreciate facts and law properly.

9.      In view of aforesaid discussion, we are of the view that the impugned order is liable to be set aside and it is set aside.

10.    The appeal stands allowed. No cost.

          DFR be sent back forthwith.

          Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.