LAWS(DELCDRC)-2009-1-4

TATA TELESERVICES LTD. Vs. OM PRAKASH SETH

Decided On January 16, 2009
TATA TELESERVICES LTD. Appellant
V/S
Om Prakash Seth Respondents

JUDGEMENT

(1.) ON the allegation of having disconnected/withdrawn the facility of telephone connection installed at Ghaziabad address of the respondent though it remained functional for few days, the appellant has been, vide impugned order dated 6th August, 2008, passed by the District Forum, held guilty for deficiency in service and directed to refund the security amount of Rs. 1,000 and activation charges of Rs. 500 besides Rs. 25,000 as compensation for causing mental agony and harassment to the old man of 71 years and Rs. 20,000 as cost of litigation.

(2.) FEELING aggrieved, the appellant has preferred this appeal.

(3.) THE main plea being raised by the appellant is that telephone connection was meant for Delhi and not to be used at Ghaziabad. The learned Counsel also relied upon the document namely application form where the respondent had given his residential address as Brij Vihar, Ghaziabad and telephone was also installed at the said place and it was also being used by the respondent uninterrupted. Learned Counsel further come up with the explanation that due to some strict rules framed by the TRAI to trace down the calls, etc. the facility was withdrawn from Ghaziabad and further that another telephone connection with the Ghaziabad number series was installed at his place on 30.11.2005.