Dinesh Kumar Agrawal vs TELEPHONE DEPARTMENT THROUGH TELECOM DIVISIONAL ENGINEER

THIS is an appeal against the judgment and order dated 17.10.1992 passed by District Consumer Forum, Mathura in Complaint Case No. 79/92.

THE facts of the case stated in brief are that the complainant had a telephone bearing No. 4635. He has challenged the bills of Telephone Department in respect of this telephone received for the period 11.6.1991 to 10.8.1991 amounting to Rs. 975.00 and 11.10.1991 to 10.12.1991 amounting to Ps. 4,304/-. According to the complainant these bills were of excessive amount as the bills received in the previous period never exceeded Rs. 388/- besides one bill of Rs. 582/-. The opposite party contested the case. The learned District Consumer Forum after considering the facts on the record, directed that each of the bills be reduced to Rs. 600/- and after deposit of the amount the telephone should be restored within 15 days.

Aggrieved against this order the complainant has come in appeal and has challenged the correctness of the order passed by learned District Consumer Forum.

ON the date of hearing none was present even though the information was sent by registered post in the year 1995 and now on the Service Postage Stamp, therefore, the service is deemed sufficient on the parties. We have perused the file. The appellant/ complainant has attached a chart of the bills from 7.7.1989 to 10.2.1992. A perusal of these charts goes to show that upto 5.7.1990 each bill was of the value upto Rs. 200/- besides one bill dated 1.11.1989 was of the value of Rs. 240/-. Thereafter six bills were of the value of Rs. 388/-, Rs. 212.80, 312/-, 582.80, 301.60 and Rs. 292.80. Thus, during all these periods the maximum amount for which the bill was issued for Rs. 582/- and all. other bills were of much lesser amount. The only disputed bills are of Rs. 975/-, Rs. 6,240/- and Rs. 4,304/-. Thereafter the bill for the period 11.12.1991 to 10.2.1992 was for Rs. 272/- only.

THUS, in this way, the average bills come to about Rs. 260/- or so. It is not alleged by the Department that the phone in question was an STD telephone, otherwise the spurt could have been justified. The learned District Consumer Forum has taken the figure of Rs. 600/- in view of the fact that one of the bills was of Rs. 582/- that is not correct. The learned District Forum should not have taken the highest bill as exemplary but should have taken all bills into consideration. Therefore, in view of the facts, these bills should be reduced to Rs. 300/- per bill and the complainant shall pay a sum of Rs. 300/- for each of the disputed bills. In this way he will pay only a sum of Rs. 900/- against these three bills. If any amount has been deposited then that shall be taken into account and will be refunded to the complainant or if still holds a telephone connection then they will be adjusted in the next bills. The appeal is liable to be allowed in part. ORDER The appeal is partly allowed to the extent that instead of Rs. 600/- each for the disputed bills, the complainant shall pay Rs. 300/- for each of the disputed bills total amounting to Rs. 900/-. Let compliance of this order be made within a period of two months.

LET copy of this order be made available to the parties as per rules. Appeal partly allowed.