SECRETARY, TELECOMMUNICATIONS, NEW DELHI Vs. K.B.RANGACHARI
LAWS(APCDRC)-2003-2-17
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 19,2003

SECRETARY, TELECOMMUNICATIONS, NEW DELHI Appellant
VERSUS
K.B.RANGACHARI Respondents

JUDGEMENT

MAMATA LAKSHMANNA, J. - (1.) THIS appeal has been filed by the opposite parties in O.P. No. 524/1995 on the file of District Forum, Visakhapatnam.
(2.) THE complainant, who was a resident of Anakapalle, sent a telegram to his son, residing at Hyderabad, bearing No. A -60 dated 6.10.1995 as follows : No response as per your phone, pursue the matter with Director and A.G.  However, the message received by his son was œStart immediately . As a result, the complainants son took a taxi and with his family reached Anakapalle on 7.10.1995 as he was worried that some thing untoward has happened and all the time he was worried. The complainant, therefore, approached the second opposite party i.e. Junior Telecom Officer, Telegraph Office, Anakapalle and claimed Rs. 2,000/ - towards travelling expenses, damages of Rs. 10,000/ - and salary loss of Rs. 500/ -. However, there was no response from the second opposite party, hence the complaint.
(3.) THE opposite parties filed a counter denying the allegations made in the complaint and brought to the notice of the District Forum, Section 9 of Indian Telegraph Act, 1885, according to which, Gvernment or its official shall not be responsible for any loss or damage which may occur in consequence of any telegraph officer failing in his duty or wrong delivery of any message unless it is done negligently, maliciously or fraudulently. The District Forum however found that there was deficiency in service on the part of the opposite parties and accordingly ordered payment of Rs. 2,000/ - towards travelling expenses, Rs. 5,000/ - towards compensation and costs of Rs. 1,000/ - with interest at 15 per cent per annum if the compensation amount is not paid within two months. Aggrieved by the said order, this appeal is filed.;


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