MODI KOREA TELECOMMUNICATIONS LTD. vs S.Sudhakar

THESE two appeals arise out of the one order passed by the District Forum, Madras-South in O.P. No. 302/96. A.P. No. 339/97 has been filed by the opposite party against which an award has been passed by the District Forum, and A.P. No. 763/ 97 has been filed by the complainant asking for enhancement of the compensation awarded. Hence both these appeals can be heard and disposed of in one order here.

IN this matter, the case of the two complainants is that they have availed of the Pager facility offered by the opposite party M/s. Modi Korea Telecommunications Ltd. from 5.4.1995. Their telephone number commences with figures "51". All the telephone numbers commencing with "51" were not connected with "9610" of Modi Korea through which only the messages are being conveyed to the complainants. For this reason, the complainants could not send messages to the Pager system nor could they receive messages from others who had got phone numbers commencing with figures "51". The complainant informed about this defect in the system to the opposite party but in spite of reminders and also a legal notice there .was no response. By the time they rectified the defect, i.e., connected the phones with numbers commencing with figures "51" it was more than one year, that is, it was done in December, 1996. Alleging that on account of this they had suffered financially and mentally, both the complainants filed the complaint for compensation. The opposite party contended that on receipt of the report from the complainants about the said defect in the system they immediately contacted the Telephone Department and asked them to set it right, but they did not do it in spite of reminders and they took their own time and thus it was beyond their control and thus therefore there was no deficiency in service on their part. Hence the complaint against them was not maintainable.

The District Forum, on consideration of the evidence, accepted the case of the complainant and held that the long delay in rectifying the defect pointed out by the complainant amounted to deficiency in service on the part of the opposite party and they could not blame the Telephone Department for that. So holding, the District Forum held that the proper compensation would be Rs. 5,000/-. It accordingly passed an award with a cost of Rs. 1,000/-.

WE heard both the appeals together. After hearing both sides, we are of the view that we cannot interfere with the order of the District Forum in either of the appeals. It is not contended by the opposite party that the defect pointed out by the complainants could not be rectified for more than a year. They put the blame on the Telephone Department. But considering the inordinate delay, this contention cannot be upheld as correct. Therefore rightly the District Forum has held that the opposite party was deficient in service. As regards the compensation awarded, as pointed out by the District Forum regarding other respects that is, getting messages from other phones and sending messages to these phones, the complainants have made use of the Pager and only with regard to the phones, including the complainants, commencing with figures "51" the complainant suffered. This being the case, the sum of Rs. 5,000/- awarded by the District Forum as compensation appears to be quite reasonable and in our view, it shall not be interfered with.

THUS holding, we dismiss both the appeals. There will be no order as to costs in these two appeals. Appeals dismissed.