Arvind Kumar vs Union of India

THIS is an appeal against the judgment and order dated 23.3.2000 passed by District Consumer Forum, Moradabad in Complaint Case No. 49/1996.

THE facts of the case stated in brief are that telephone No. 28292 is installed at the residence of the complainant from 25th April, 1992. THE telephone was not working properly and hence he made complaints on 15.9.1993, 8.12.1993, 24.1.1994, 21.2.1994. On 1.12.1993 his telephone became dead. No STD facility was provided in the telephone but inspite of this, exaggerated bills were sent to him. Bill dated 24.5.1993 was for sum of Rs. 654/-, bill dated 11.9.1993 was for Rs. 953/-, bill dated 11.11.1993 was for Rs. 482/-, bill dated 21.12.1993 was for Rs. 19,551/- and bill dated 1.1.1993 was for Rs. 6,485/-. It was alleged that all these bills have been highly exaggerated and it was intimated that the bills should be paid by 27.12.1994 failing which the telephone shall be disconnected. According to the complainant the telephone cannot be disconnected until a registered notice is given. On 1.12.1993 the disconnection of telephone was done by the Department. THE complainant sent a notice on 16.11.1995 but nothing was done. THE complainant has prayed for restoration of the telephone and compensation of Rs. 15,000/-. The opposite party in its written version has admitted the installation of telephone and alleged that the complainant has verbally stated that the bills should be sent in the name of Pramod Kumar and not in his name. It is further alleged that on 21.4. 1992 the telephone was in working condition and it was having STD facility. The telephone was being used by the complainant in the business of Shiv Traders. Whenever a complaint for defect in the telephone was received, the defect was removed.

It is further alleged that the complainant has not deposited the following bills; and hence the telephone was disconnected :

THE learned District Forum, after considering the case of the parties, dismissed the complaint. 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.

WE have heard the learned Counsel for the appellant/complainant. A notice was sent to the opposite party by registered post in the month of July, 2000 but they did not appear on the date fixed and the registered cover by which the notice was sent has also not been received back unserved. Hence the service is presumed. Learned Counsel for the appellant has argued that the telephone became defective from time to time for which complaints were made. According to opposite party whenever there was a complaint the telephone was attended to. According to the complainant after 1.12.1993 the telephone became dead. This statement is wrong because on 1.12.1993 his telephone was disconnected for non-payment of various bills, details of which have been given in the earlier part of the judgment. Thus we find that the telephone was rightly disconnected for non-payment of bills.

LEARNED Counsel for the appellant has further argued that the complainant has not opted for STD facility. A photocopy of application given by the complainant to the Telephone Department has been filed. A perusal of this copy goes to show that the complainant had applied for STD connection. In the column meant for STD facility, the complainant has mentioned that the STD facility is required. It cannot be disputed that the complainant had requested for STD connection which fact is clear from this application which he gave for telephone to the Department. Thus in the face of this evidence and records, the complainant cannot say that he did not apply for a STD connection. Therefore, when the complainant had used STD in his telephone, the amount of bills is bound to increase, according to the number of calls made. Therefore, it cannot be said that the bills which were issued by the Telephone Department are incorrect. Thus we find that the appeal has no force and is liable to be dismissed. ORDER The appeal is dismissed and the judgment and order of the learned District Forum are confirmed. There will be no order as to the costs. Let copy as per rules be made available to the parties. Appeal dismissed.