The Department is obligated to grant rental rebate to subscribers whose phones were not functioning continuously for 7 days and more during the strike period, as per the instructions issued by the Ministry of Communications, Government of India.

Mr. Justice S.A. Kader, President — This is a public interest complainant filed by the Consumer Action Group and SMN Consumer Protection Council. This relates to the non-working of the telephones during the period of telecom strike from 3.11.90 to 22.11.90. The relief sought for are threefold :

(a) restoration of telecommunications; (b) grant of rebate for the period of non-working and (c) compensation to the subscribers.

2. The complaint is resisted and a counter denying the allegations are filed by the Assistant General Manager, Madras Telephones.

3. Relief (a) pertaining to the restoration of telecommunications has since been complied with, has become infructuous and the learned Counsel for the complainants did not press for this relief.

4. Relief (c) claiming compensation to individual subscribers is vague in the absence of evidence of loss and hardship caused to particular subscribers and advisedly the learned Counsel for the complainants did not advance any arguments on this aspect.

5. We are left with relief (b). Admittedly a large number of telephones went out of order during the period of strike and the question is the grant of rental rebate for the period of non- working. It is admitted in the counter filed by opposite parties that as per rules those telephones whose services are affected continuously for a period of seven days and more, are entitled for rental rebate, but it is contended that the individual subscriber should prefer a claim to the Department and rebate will be allowed after examination of the claim. It is urged by the learned Counsel for the Opposite Parties that rebates could not be given for want of written claims from the affected subscribers.

6. The attitude of the Department in insisting on written claims for rental rebate from subscribers is rather unfortunate and runs counter to the express instructions insured by the Ministry of Communications, Government of India (date not given) copy of which has been furnished to the Commission by the Department.

“Kindly refer to this office letter No. 3-6/80 rates dated 10.4.1987 on the subject mentioned above wherein the period of eligibility for rebate in rental for prolonged interruption in local telephone service, leased lines and telex services was prescribed as 15 days or more.

2. The matter has been reviewed and it has been decided that rebate in rental for local telephones, telex services, leased lines and junction lines of PABXs/PBXs may be permitted when these services of the subscriber remain interrupted continuously for 7 days or more due to departmental reasons. Rebate in rental in such cases should be granted on Department’s initiative without waiting for a representation from subscriber.

3. Regarding leased circuits it should be out endeavour to ensure that they remain serviceable. They should be regularly monitored to ensure serviceability.

4. Other conditions stipulated in this office letter No. 3-6/80 Rates dated 10.4.1987 remain unchanged.

5. The above orders have come into effect from 15.6.1990. A Gazette Notification incorporating the necessary amendments in the relevant Indian Telegraph Rules, 1951, has been issued. A copy of which is enclosed for information.

6. Receipt of this letter may kindly be acknowledged.

7. Hindi version will follow.

8. There is separate card for each phone number in the Exchange in which the date and the number of local and trunk calls are metriculously recorded and it is from these cards, the by-monthly phone bills are prepared and sent to the subscribers. It is admitted by the Departmental Engineer present before us, that it can be easily ascertained from this card whether the particular phone has not been functioning for a continuous period of 7 days and more and it is because of this facility, the Government have issued the above instructions to grant rebate “suo motto” on the Department’s initiative without waiting for a represen- tation from subscriber”. The telecom strike was over by 22.11.90 and norm