ANAMIKA AND COMPANY vs D.E.T. (PHONES)

THIS is an appeal against the judgement and order dated 22.1.1993 passed by District Consumer Forum, Gorakhpur in Complaint Case No. 309/1992.

THE facts of the case stated in brief are that the complainant is aggrieved against two telephone bills dated 1.6.1992 and 1.8.1990. THE first bill is of Rs. 7,292.10 and the second bill is for Rs. 3,345.30. In this telephone STD facility is provided. According to complainant he complained about this fact to the Telephone Department that the bills have been issued for excessive amount. According to complainant the average bill is between 400 to 500. He has prayed that the above-mentioned bills be reduced to this amount. He has also prayed for a compensation of Rs. 2,000/- as his telephone has been disconnected. The opposite party in the written version has alleged that there is no defect in the bills sent to the complainant. The demand notes which were issued are correct and this fact was intimated to the complainant. It was also made known to the complainant that if the telephone bills are not paid, then the telephone will be disconnected. The call statement has not been furnished on account of the fact that there was defect in the computer.

Learned District Forum, after considering the case of the parties, held that the complainant has not been able to prove his case and hence it dismissed the case.

AGGRIEVED against the order of the learned District Forum, the complainant has come in appeal and has challenged the correctness of the order passed by the Forum. None was present when the case was called on the date fixed, even though both the parties were informed of the date.

WE have perused the file. It is clear that STD calls were made by the complainant. The learned District Forum has mentioned that the complainant had made 10 calls to Saudi Arabia on the same number and these calls were for a long time. On the basis of this fact it could safely be presumed that the complainant is making STD calls to foreign countries and naturally the bills will be of higher amount. Thus the learned District Forum was correct in its finding that the complainant has not been able to prove his case. The appeal is liable to be dismissed. ORDER The appeal is dismissed and the judgment and order of the learned District Forum are confirmed. Let copy as per rules be made available to the parties. Appeal dismissed.