Sub-Divisional Engineer, Telecom v. Amar Singh Kandwal
2003-03-06
K.D.SHAHI, LUXMI SINGH
body2003
DigiLaw.ai
JUDGMENT 1. This is an appeal against the judgment and order dated 19-09-2002 passed by District Forum, Rudraprayag directing the appellant to make efforts for the installation of a telephone exchange in village gram Budhana during 3 months and to give connection to the complainant on priority basis. If the exchange is not installed within 3 months, the appellant should refund Rs.1800/ deposited by the complainant along with interest as given in the judgment. 2. The complainant Shri Amar Singh is a resident of village Budhana. He has declared himself to be a Samaj-Sewi. He has alleged that today there is a revolution regarding telephone connections but there is no such exchange at Budhana. He applied for telephone connection on 11-03-89 after depositing a sum of Rs. 1800/- on 24-02-2001 the Divisional Manager sent a letter that there should be applications of say about 20-25 persons for installation of a telephone exchange. The complainant got 26 applications deposited. Again a letter was received that it should be of about 50 persons. The complainant encouraged 50 persons to submit applications. But, still the telephone exchange was not installed. 3. The claimant claimed the relief that the Department be directed to give connection to the complainant at the earliest and to pay compensation and if it is not possible to refund the deposits made by him along with interest and compensation. 4. There is no telephone exchange in village Budhana and from the written statement of the Department, it is clear that telephone exchange is at a distance of 22 kms. in village of Jakholi. When there is no exchange and no facility to give a connection, there cannot be any deficiency in service by the Department. 5. The learned Forum has directed to install the telephone exhange at village Budhana. This relief was not called for by the claimant but since the learned Forum appears to be in a mood to provide connection to the claimant, it directed for the installation of a telephone exchange because without such installation, connection could not have been given to the complainant. The complainant may be a social worker likewise the Forum may be interested in adding to the revolution of communication systems but for that purpose, the Commission has got no jurisdiction to grant such a relief.
The complainant may be a social worker likewise the Forum may be interested in adding to the revolution of communication systems but for that purpose, the Commission has got no jurisdiction to grant such a relief. There is some mis-conception in the minds of every citizen that since he is a consumer, he can get any relief from the Forum may be within jurisdiction of the Forum or not This dispute, in the nature of a constitutional right or civil remedy is not within the preview of the District Forum and the District Forum should not had issued such a direction. Therefore, this order is to be quashed for this reason alone. 6. As regards the deposit, it was not made by 50 persons nor this is a complaint in the representative capacity. The complainant has deposited the charges of his connection only which the District Forum has directed to refund. It is true that the appellant has with-held the money of the complainant but the complainant should also have known that without installation of an exchange, no such connection could have been given to him. He is a social worker and he deposited the amount to get credit in the society by installation of a telephone exchange, he has not given any loan to the appellant, that he should get puncture interest or compensation on the said deposit. The appellant has already paid a sum of Rs.3672/- to the complainant, double amount of the deposit along with a reasonable rate of interest of 6% In this too, there is no deficiency of any service by the appellant. The appellant has tried a number of times to refund the amount deposited by the complainant but he was only a demand for the opening of the exchange. In the circumstances as such the interest as given by the appellant is adequate. The claim stands satisfied. ORDER 7. The appeal is hereby allowed and the order of the learned Forum is modified in the light of the findings above. The claim of the petitioner stands satisfied. The proceedings are hereby dropped. Consign the records.