A voluntary consumer association can only file a complaint alleging deficiency in service in respect of goods or services hired or availed of by it.

Headnote:
CONSUMER PROTECTION ACT, 1986 - SECTION 2(1)(B)(II), 2(1)(C), 2(1)(E) - TELEPHONE SERVICES - DEFICIENCY IN SERVICE - DISCONNECTION OF TELEPHONE LINE - COMPENSATION - VOLUNTARY CONSUMER ASSOCIATION - MAINTAINABILITY OF COMPLAINT - JURISDICTION OF STATE COMMISSION - QUANTUM OF DAMAGES.
Fact of the Case:

A voluntary consumer association filed a complaint against the telephone authorities for illegally disconnecting the telephone line of a subscriber, causing financial loss and mental agony to a beneficiary of the telephone, who was a senior journalist. The association claimed compensation for the loss suffered by the beneficiary.
Finding of the Court:

The court held that the complaint was not maintainable as the voluntary consumer association had not hired or availed of any services from the telephone authorities. The court also held that the beneficiary of the telephone could not maintain an action for deficiency in service as she had not acquired any right to use the telephone.
Issues: 1. Whether a voluntary consumer association can file a complaint alleging deficiency in service in respect of goods or services not hired or availed of by it? 2. Whether a beneficiary of a telephone can maintain an action for deficiency in service against the telephone authorities?
Ratio Decidendi: 1. A voluntary consumer association can only file a complaint alleging deficiency in service in respect of goods or services hired or availed of by it. (Paragraph 11) 2. A beneficiary of a telephone cannot maintain an action for deficiency in service against the telephone authorities unless the beneficiary has acquired a right to use the telephone. (Paragraph 13)
Final Decision: The complaint was dismissed as not maintainable.

ORDER

Prof. Sunil Kanti Kar, Member — The instant complaint is filed by the Telephone Services Society, a voluntary socio-welfare organisation through its secretary Mr. T.S. Srinivasan.

2. The case of the complainant in short is that Mrs. Mouthushi Acharya, a member of the petitioner organisation is a beneficiary of telephone No. 545777, a close relative of the subscriber of the telephone.

3. Mrs. Moutushi Acharya, a senior journalist of Statesman, Calcutta stays at the flat of her relatives where the telephone is installed alongwith her aged, ailing mother who is an acute heart patient. She received a telephone bill dated 5.6.95 for Cycle 6/95 and the same bill was duly paid by her on 21.6.95. That inspite of payment of such bill Mrs. Acharya received reminder notice on 21.8.95 and soon thereafter the line was disconnected on 4.9.95. That the amount in question and/or bill in question was duly paid on 21.6.95 almost 2 to 3 months prior to such disconnection. Being a senior journalist Mrs. Acharya faced lot of problems in the matter of keeping contact with all concerned and also could not contact with the Doctors as an when required for the treatment of her mother.

4. Due to such wrongful and illegal disconection of telephone line on 4.9.95 Mrs. Acharya suffered financial loss to the tune of Rs.25,000/- per day for which an account in details was submitted. Mrs. Acharya claimed-this amount per day on account of her loss and/or financial expenditure required for keeping touch with the Doctors, Association, Reporters etc. and on account of mental and physical torture and also for damage suffered by her on account of loss of her prestige etc.

5. Mrs. Acharya immediately after such disconnection on 4.9.95 contacted the respondents and requested for restoration of the line but without any result. Ultimately the line was restored on 30.9.95 after a prolonged suffering of 25 days disconnection. Accordingly she claimed an amount of Rs. 25,000/- per day for 25 days i.e. an amount of Rs. 6,25,000/-. The petitioner moved the petition upon notice to opposite party on 28th November, 1992 and respondent appeared. Thereafter the matter was taken on several days but the respondent failed and neglected to justify their cases by filing any written objection. In the meantime the matter was finally heard on 2.2.96 and reserved for orders.

6. In the facts and circumstances of this case, this Commission painfully observes that the senior journalist Mrs. Acharya has suffered loss and mental torture for wrongful disconnection for 25 days without any fault on her part. The respondent telephone authorities are so callous and negligent that inspire of the payment of the bill in question in time they wrongfully disconnected the supply after about 1 and ½ months of such payment. More so, the respondent did not take any step to restore the supply during 25 days from 4.9.95 to 30.9.95 when the petitioner has to face immense financial loss, mental torture and agony for which we consider an amount of Rs. 1,00,000/- would be just and proper for awarding compensation to the petitioner to meet the loss, damage. Accordingly, we direct the respondent, to pay an amount of Rs. 1 lakh (Rupees one lakh) as compensation to the petitioner within 15 days from the date of receipt of this order.

7. Mr. Justice A.K. Bhattacharya, President—This complaint has been filed by Telephone Services Society through its Secretary Mr. T.S. Srinivasan, as complainant against the illegal disconnection of telephone No. 545-777. The petitioner's case is that one Mrs. Mautushi Acharya, a member of the petitioner association, is the beneficiary of the aforesaid telephone which actually belongs to her uncle Ashima Nanda Guha. She received a telephone bill dated 5.6.95 for cycle 6/95 which was duly paid on 21.6.95. Thereafter, a reminder notice was received by her on 21.8.95 and on 4.9.95 the telephone was disconnected. Mrs. Acharya claims to be a senior journalist of The Statesman, Calcutta staying

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Judicial Analysis