GENERAL MANAGER TELEPHONES HYDERABAD Vs. SHRI BHUGESWARA CEMENT AND MINERAL INDUSTRIES LTD

JUDGEMENT

(1.) The opposite party in C. D. No.385/95 on the file of the Ranga Reddy District Forum to which the matter was transferred from the Hyderabad District Forum (O. P. No.1372 of 1994 before the Hyderabad District Forum) questions the order of the Ranga Reddy District Forum dated 21.2.1997 partly allowing the complaint of the respondent herein (complainant before the District Forum) and directing the appellant to pay Rs.5,000/- towards damages and Rs.1,000/- towards costs together with interest @ 18% per annum from 1.4.1997 till the date of payment and directing the appellant to restore the connection of the telephone of the respondent within 24 hours.

(2.) The case of the respondent in its complaint was that though it was not in default and it paid all the bills due and payable by it in respect of its telephone (bearing No.668424) at Hyderabad, the same was disconnected by the appellant on 15.5.1994 and inspite of requests made and legal notice issued, connection was not restored. The last bills dated 21.2.1994 (Ex. A-5) and 21.4.1994 (Ex. A-4) for Rs.413/- and Rs.547/- respectively were paid on 4.5.1994 and 13.5.1994 as evidenced by receipts bearing Nos.0132416319 dated 4.5.1994 and 0151376304 dated 13.5.1994 respectively and no bills were pending payment on the date when the telephone was disconnected on 15.5.1994. Even though the appellant received notice and was represented by Counsel before the District Forum, no counter was filed. The Chairman and Managing Director of the respondent/complainant filed his affidavit as evidence in support of what was stated in the complaint. The bills dated 21.2.1994 and 21.4.1994 and also receipts showing payment of those bills were got marked. A copy of the Lawyer's notice got issued by him dated 16.8.1994 was marked as Ex. A-1. He stated that Ex. A-1 notice was received by the appellant on 26.8.1994 (Ex. A-3 evidences that) and that reconnection of the telephone was demanded therein.

(3.) After considering the material on record, the District Forum by order dated 21.2.1997 awarded damages of Rs.5,000/- and costs of Rs.1,000/- payable together with interest @ 18% per annum from 1.4.1997. The District Forum found that there were no arrears due from the complainant when disconnection was effected.