TATA TELESERVICES LTD. Vs. OM PRAKASH SETH
LAWS(DELCDRC)-2009-1-4
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 16,2009

TATA TELESERVICES LTD. Appellant
VERSUS
Om Prakash Seth Respondents

JUDGEMENT

J.D.KAPOOR,PRESIDENT (ORAL) - (1.)ON the allegation of having disconnected/withdrawn the facility of telephone connection installed at Ghaziabad address of the respondent though it remained functional for few days, the appellant has been, vide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 the facility was withdrawn from Ghaziabad and further that another telephone connection with the Ghaziabad number series was installed at his place on 30.11.2005.
In our view restrictions placed by TRAI may not be the reasons for withdrawal of such a facility which was being used by the respondent for long. On 30.11.2005 i.e. after filing the instant complaint by the respondent that a letter was received by the respondent from Mr. Bipin Thomas, Senior Executive (Legal) stating that after going through the grievances enlisted in the complaint they are keen for an amicable settlement of the issues and it was when the case was in the process before the District Forum that the Senior Advocate of the appellant offered the respondent an amount before the District Forum to settle the case but he did not accept it.



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