V.SURIAKUMAR vs GENERAL MANAGER, DEPARTMENT OF TELECOMMUNICATIONS

THE complaint having been dismissed the complainant has filed this appeal. THE case of the complainant is that during day time his sister used to be alone in his house. Every day ordinarily between 3 p.m. and 6 p.m. there used to be unanimous obnoxious calls to her. About this it was complained to the opposite party officers of the Telecom Department and they were required to furnish the particulars of the phone number from which the offending calls were being made. THE complainant received a communication from the Telecom Department that the concerned offending phone number was traced, but they have not given the necessary particulars as required by the complainant in spite of demands. THErefore, according to the complainant the opposite parties are guilty of deficiency in service and they must be directed to give the particulars of the offending phone number and also to pay compensation of Rs. 10,000/-.

THE opposite parties contended that the offending phone number was traced, and the concerned subscriber of the offending phone number was warned and the opposite parties had seen to it that thereafter no such offending calls were made. With a view to maintain cordial relationship between the subscribers they did not take any further action in the matter. THErefore, there was no deficiency in service on the part of the opposite parties. The District Forum accepted the contention of the opposite party and dismissed the complaint.

In the appeal we find that the District Forum''s order cannot be held to be correct. It is not in dispute that there were obnoxious calls made to the concerned lady from a particular phone number and the opposite parties have also traced that phone number. However, they have not given the particulars of that phone number to the complainant, the brother of the said lady. The complainant is aggrieved by that inaction of the opposite parties. During the arguments before us it was conceded that as per the telephone rules the particulars must be given to the aggrieved parties. We also went through the relevant rules especially Rule 4(a) and also Annexure "C". From them, it is clear that the opposite parties should have given the particulars required by the complainant. But they failed to do that. Clearly therefore, there was deficiency in service on the part of the opposite parties.

THERE is no doubt that because of the failure on the part of the opposite parties in furnishing the necessary particulars asked for by the complainant, he should have suffered some mental pain. Considering this, we are of the view that there must be some damages awarded for that. In our view a sum of Rs. 1,000/- would be appropriate. In the result, therefore, we allow the appeal; set aside the order of the District Forum, and we direct the opposite parties to give the particulars asked for by the complainant and pay a sum of Rs. 1,000/- within one month from today. We also award a cost of Rs. 250/- in the appeal which amount also shall be paid within one month from today. Appeal allowed with costs.