1. THE Telecom Department has filed this appeal against the order dated 24th March, 2000 passed in Case No. 14/2000 by the District Consumer Disputes Redressal Forum, Datia (for short the "District Forum") whereby the complaint for deficiency in service in not providing telephone connection to the complainant in spite of the deposit of the amount of Rs. 1,000/- as advance was allowed with an order to provide the telephone connection after completion of the formalities by the complainant and to pay interest at the rate of 10 per cent per annum on Rs. 1,000/- and Rs. 300/- as compensation for mental pain along with Rs. 200/- a costs of the proceedings.
2. LEARNED Counsel for the appellant relying on the decision of the National Commission in Union of India and Another v. Dr. Sudha Pareek, II (1993) CPJ 240 (NC), followed by this Commission in Appeal No. 51/99 decided on 26.4.2000 UP Mandal Adhikari v. Kalyan Singh, submitted that merely on deposit of registration amount direction to allot telephone connection cannot be given by the Consumer Fora. The order is with erroneous approach as there was deficiency in service on the part of the Telecom Department.
Learned Counsel for the respondent submitted that after the order of the District Forum, the telephone connection has been provided.
In the circumstances it is not necessary for us to go into the question of allotment of telephone. However, in view of the decision of the National Commission in Union of India and Another v. Dr. Sudha Pareek (supra), followed by this Commission in UP Mandal Adhikari v. Kalyan Singh (supra), the order of payment of compensation and cost cannot be maintained.
3. HOWEVER, on the amount deposited as an advance, interest is payable at the savings Bank rate till the date of installation after the adjustment of the amounts due of installation. If the same is due that shall be adjusted in future bills.
Accordingly, the appeal shall stand allowed with no order as to costs. A copy of this order be conveyed to the parties and a copy be sent to the District along with the record of the case. Appeal allowed.
