ORDER
J.K. Mehra, J. (Presiding Member)
1. There is no appearance for the Respondent despite
notice. He is, therefore, proceeded against ex-parte.
2. This is an appeal against the order passed by the
State Consumer Dispute Redressal Commission, West Bengal.
3. The complaint was with regard to the Appellant not
making available telex services to the Complaint for various
periods. So much so that in one year out of 365 days, the telex
did not work for 309 days. The Department raised an objection
and said that out of 309 days, in fact, it was only 293 days in
the year 1991-92 that the telex did not work. Assuming that,
that assertion to be correct still it is a serious matter. In
the year 1992-93 also the situation was no better, for almost
half-of-the period the telex was non functional and it is on that
account that compensation was awarded. On account of such
deficient services, the Respondent has stopped the payment of the
bills which resulted in disconnection of the telex facility,
thus, causing further inconvenience. In fact, what the State
Commission has ordered is refund of the rental charges for the
period during which the services remain non-functional with
interest @ 20% on the fixed investment and Rs. 12,500/- by way of
damages for harassment, inconvenience etc. caused, all totalling to Rs. 50,000/-. We feel that award of interest without the party
adducing evidence to show that they have paid interest is not
proper. For that reason Rs. 13,200/- is disallowed, which means,
out of the net amount directed to be paid being Rs. 38,990/- a sum
of Rs. 13,200/- will be reduced. The rest of the order of the
State Commission cannot be faulted and is upheld. This appeal is
disposed of in the above terms.