JUDGMENT This is an appeal by the Telephone Department against the order dated 28.07.1999 passed by District Forum, Pauri Garhwai, whereby the learned Forum has allowed a compensation of Rs. 1,000/- and Rs. 500/- as cost of litisation to the complainant. 2. Notices were issued to the Opposite Party. None appeared for the Opposite Party. Therefore, the appeal was heard ex-parte. From the records it is clear that on 05.02.1996 the complainant deposited Rs. 2,000/- for telephone connection, It is alleged that the connection was not given till the date of complaint. Therefore, the complaint was filed. In our view, merely be booking, the complainant does not become a consumer unless he is given connection. He was entitled to refund of the amount because he has not been given the connection. But he has directly asked for compensation of Rs. 10,000/- for not been given the connection. In the Written Statement, the opposite party has specifically alleged that no pair was available to given new connection and as soon as the pair was available, the connection was give on 04.12.1998. 3. Soon after the complaint, on availability of the pair, telephone was given to the complainant. There is no deliberate deficiency in service. The non-giving of the connection to the complainant immediately was not within the control of the appellant. There were practical and technical difficulties and till the difficulty was rem9yed, the connection could not have been given. 4. There was absolutely no deficiency in service and in the circumstances, as such, the complaint was liable to be dismissed. However, the connection has already been given to the complainant and as informed by the learned counsel for the appellant, it was properly working. ORDER The appeal is allowed. The order dated 28.07.1999 passed by District Forum. Pauri Garhwal is, hereby, set aside. The complaint is dismissed. Cost of the complaint as well as this appeal shall be easy.