B.S. Yadav, Member. - This is an appeal against the order dated 8th January, 1991 passed by the Consumer Disputes Redressal Commission, Haryana at Chandigarh. The present respondent, Mis. Jagdamba Rice Mills, Tararoi, District Kamal,(hereinafter referred to as the 'Mills') was the claimant while the present appellants were respondents before the said State Commission.

2. The case of the complainant was that they were of considerable standing and repute, carrying on the business of large scale export of rice at Tararoi, which is a well known centre therefor. The Mills got installed Telex No. 241 in their premises at Tararoi on 31st October, 1985, after completing necessary formalities therefor. The Telex system was got installed by them to keep in touch with foreign countries about the latest position of rates, demand and dispatches of rice from time to time. The main telex exchange is located at Karnal, which is the District Headquarters. The connection at Tararoi was provided as long distance one from Karnal. The distance between these two places is about 18 kms. Despite some efforts made by some mechanics and technicians of Telecommunications Department, Haryana Circle, the Telex could not be brought into working order and did not give any service worth the name to the Mills from the very date of installation. The Mills did not lodge any complaint initially with the hope that the defects therein would get removed in due course. However, when this did not happen, the Mills were convinced that there was patently a major defect in the Telex and they lodged a complaint dated 10th September, 1986, with the Department In response thereto, the technicians inspected the Telex and changed the machine thereof apparently because of its defective nature, but failed to provide an attachment, called by way of abbreviation as 'LU' necessitating another complaint dated the 10th November, 1986. The Technicians corrected the machinery during the month of November, 1986, after repairs etc. However, the Telex lines remained out of order for considerable time. As the Telex was not working, no bills were forwarded to the Mills by the Department. As a matter of abundant caution, the Mills wrote to the D.E.T., Karnal, on 19th November, 1986, intimating that they had not received any bills for the last six months or more and those should be forwarded for payment. In spite of innumerable complaints made telephonically, verbally and also personally at the tope levels, the functioning of the Telex failed to improve. As a last resort, the Mills addressed a representation dated the 28th November, 1986 to the then Minister of Communications, Government of India, to highlight the failure of the Telex and the consequential loss to the Mills. Ultimately, the mechanics and technicians sent by the Department to repair the Telex expressed their inability to correct the machine and declared that there was some manufacturing defect in the equipment provided. Meanwhile, another communication was addressed as a reminder to the Department asking them to send bills, if any, expeditiously.

3. The complainant, further alleged that on finding that the Telex could not be made operational at Tararoi by the Department, perhaps because of the long distance from the exchange, they asked the Department to shift it to York Hotel, G.T. Road, Karnal, in the hope that it would be able to function effectively therefrom. A formal request was made on the 19th December, 1987 in which it was especially mentioned that the Telex was virtually lying dead and there was thus no alternative, but to shift it to Karnal to make use of it. The Department raised financial and technical objections, with the result that the telex could not be shifted to Karnal. As a last resort, the Mills wrote a letter dated the 19th December, 1988 addressed to the Director, Telecommunications(North) Ambala Cantt. informing them that the Telex had become useless to them because of the failure of the Department