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Judgment
THIS is an appeal against the direction of the District Forum awarding compensation.
COMPLAINANT is a subscriber of telephone No. 56029 under Bhubaneswar Telephone Exchange installed in his residence at Sahidnagar. When he shifted his residence to Chandrasekharpur, he applied on 10.7.1990 for disconnection of the telephone at Sahidnagar. Thereafter, he applied for'' shifting the telephone to Chandrasekharpur on 11.7.1990. There was delay in shifting the telephone for which a separate complaint bearing CD. No. 66/90 was filed. At the time of hearing appellant brought to the notice of the District Forum that shifting was not possible on account of non-availability of cable pair. District Forum directed shifting of the telephone by 14.4.1991. On 10.4.1991 the telephone was shifted. Thereafter, complainant has filed the complaint for compensation on account of the delay in shifting of the telephone and compensation having been awarded this complaint has been filed.
Relief of compensation was available to be prayed for in the earlier complaint. When such compensation has not been claimed or granted, there is no scope for a subsequent complaint for a relief available to be prayed for earlier without the leave of the District Forum.
ACCORDINGLY, direction to pay compensation is set aside and appeal is allowed. Appeal allowed.