DISTRICT TELECOM ENGINEER vs KISHOR BAPURAO DESHPANDE

NONE is present on behalf of the respondent, although service of the process in this appeal has been made and on one occasion, date of final hearing of this appeal was intimated to both the parties by this office vide notice dated 24.4.2002, copy whereof is in the record and proceeding. (For brevitys sake, appellant hereinafter is referred to as Telephone Authorities and respondent as Complainant).

TELEPHONE Authority is the appellant in this appeal, who have challenged the order dated 3.6.1997 passed by the District Forum, Wardha, holding them being deficient in the matter of raising and issuing consumption bills in respect of telephone provided to the complainant, followed by disconnection of the telephone for non-payment of the bill by the complainant. At the outset, we wish to state that we do not propose to dilate over the factual matrix as obtained in the matter herein or for that matter, considering the merits or de-merits of the issues arisen therein or likely to arise. This is so because, we notice from the impugned order that the District Forum has proceeded to dispose of the complaint not properly and effectively adverting to the defence that was submitted by and on behalf of the Telephone Authority. This is so because the written statement filed and various documents relied upon and tendered before the District Forum, was not supported by an affidavit on behalf of the Telephone Authorities. Although there is an oblique reference made by the District Forum to the material, which was placed before the District Forum in justification of its action taken, District Forum, primarily because of want of affidavit, has not given proper consideration, as also weightage, which deserved in the matter.

No doubt filing of the affidavit is a very vital and crucial step in a consumer dispute, especially so when such disputes are to be worked out and disposed of on the basis of evidence adduced on affidavit, to ensure speedy and quick disposal thereof.

ACROSS, the learned Advocate for the appellant/Telephone Authorities submitted that this complaint is filed in the year 1994 and at that time, filing of the affidavit was not made compulsory. We do not agree to the submissions made for the reason, that the Statute itself clearly provides for adducing evidence by the parties to the consumer disputes on affidavit to obviate the evidence being adduced by oral deposition of the parties, as is the case in the Court to ensure speedy disposal. However, we notice that the Telephone Authorities have raised certain points in their defence, which cannot be and should not be brushed aside, since it is a public authority and as such custodian of the public fund and by the impugned award, the District Forum has proceeded to quash the bills fairly of huge amount and over and above, saddled the Telephone Authorities of payment of compensation and cost of Rs. 6,000/- and Rs. 1,000/- respectively.

THAT being so, we think it appropriate that in the interest of justice, this matter should go back to the District Forum for consideration afresh by providing opportunity to the Telephone Authorities to defend itself in a proper and effective manner. Complaint has been filed in the year 1994 and the appeal there from has been filed before this Commission in the year 1977 and merely after 10 years we are required to remit this matter, which is indeed not a happy and ideal situation, but in the facts and circumstances as explained hereinabove and in the interest of justice, we are required to do so. Further we are providing sufficient guidelines as will be indicated in the operative clause of the order to ensure speedy disposal of the dispute. ORDER 1. Appeal is allowed and its impugned order dated 3.6.1997 is set aside. 2. Complaint is remitted to the District Forum, Wardha for consideration afresh on merits in accordance with the provisions of the Law and the Rules and on giving adequate opportunities to the parties. 3. Appellants Advocate shall furnish copy of the order to the District Forum as also to the respondent/complainant immediately. 4. District Forum to ensure the disposal of the complaint thereafter immediately and in any event within 3 months of the receipt of the order herein. 5. We direct both the parties to remain present before the District Forum on 20.10.2003 without fail and seek appropriate directions of fixing the date for final hearing of the matter. 6. The Telephone Authorities/O.P. shall file brief affidavit in support of its written statement and documents already disclosed in defence before the District Forum on 20.10.2003 and furnish copy thereof immediately on the same date to the respondent/complainant also. It is clarified that affidavit to be filed will be confined only to support the pleadings as averred in the written statement only. 7. District Forum shall proceed to dispose of the complaint after remand totally uninfluenced by its earlier findings or any observation of ours appearing in the body of the judgment concerning the merits, treating the same as our prima facie observations thereof. 8. As far as this appeal is concerned no order as to costs.

Appeal allowed.