GENERAL MANAGER EASTERN RAILWAY vs P Chattopadhyay

THIS appeal has been filed by the Accounts Officer, Telecommunication Department, Jaipur and Union of India against the order of the District Forum, Jaipur dated 19.10.92 awarding Rs. 1,000/ - as compensation to the complainant on the ground that Telephone No. 62951 installed at the residence of the complainant - respondent remained non -functional for about 1 1/2 months upto 17.5.90.

IT was urged on behalf of the learned Counsel for the appellants that it is true that the complainant had made complaints regarding the telephone being dead on 23.4.90, 7.5.90 and 17.5.90, but it is said that the fault was removed on that very date and of the last complaint on the next day. Reliance was placed upon the photocopies of the complaint record maintained by the Telecom. Department. We have gone through the record regarding local complaints produced by the appellants. It is very interesting to note that while the Telecom. Department notes in the local complaint record the date and time of making of the complaint by the subscriber, but while making remarks regarding fault clearance, it only records the time of fault clearance and not its date. This omission to mention the date of fault clearance is obviously deliberate. This omission is made so that the line -man of the Telecom. Department may not become responsible for delay in removal of the fault. In the absence of mention of the date of fault clearance and even signatures of the operator with date it cannot be held that the fault was cleared on the very date the complaint was lodged. On the other hand, the inference goes against the Department on account of the omission to make the date of clearance. In these circumstances, the District Forum was right in holding that the telephone was out of order without being attended in time and rightly awarded a compensation of Rs. 1,000/ - to the complainant. It is enjoined upon the Telecommunication Department that it should invariably mention the date of the clearance of the fault and the date should be verified by the operator. A copy of this order will be sent to the Chief General Manager, Telecommunication Department for necessary action.

THIS appeal has no merit in it and it is hereby dismissed.