DISTRICT TELECOMMUNICATIONS DEPARTMENT vs BRIJ MOHAN SHIVHARE

THIS appeal is directed against order dated 9.8.1994 in Case No. 1273/93 of the District Consumer Disputes Redressal Forum, Gwalior (hereafter referred to as District Forum) by which the District Forum quashed the telephone bill for Rs. 7,526/- and imposed cost of Rs. 200/-.

THE case in brief is that complainant/ respondent had a telephone connection No. 8218, connected on 28.7.1997 at his own request. He was also given S.T.D. facility on his own written request. This number was later on changed to 8413 and thereafter to 28413 from 25.2.1993. Dispute between parties arose out of a bill for Rs. 7,526/- for the duration 16.5.1993 to 15.7.1993. Respondent/complainant made a complaint about the excessive bill but the Telephone Department replied that bill was correct. THE respondents/original complainant filed a complaint in District Forum, Gwalior and alleged that bill was excessive and that he was never charged so heavily ever before. He prayed for quashing of bill and payment of costs of Rs. 200/-. In their reply in the Forum the opposite party/appellant in the present case averred that the bill has been sent as per meter reading and is correct. Opposite party further averred that the complainant continued to avail of the facility of S.T.D. and whether his business was running or closed is of no concern to the opposite party. The District Forum after hearing both the parties passed an order dated 9.8.1994 as mentioned in para 1 above.

We have heard both the parties and have perused the record of the case. The only point for consideration in this appeal is whether District Forum was right in quashing the bill of Rs. 7,526/- and imposing costs. Perusal of the order of District Forum reveals that both the complainant and opposite party were examined on their affidavit. Appellant/opposite party in original case produced a record of tests carried out by them with the help of "Multiline Observation Equipment" on receipt of complaint about exces-sive bill. This test revealed that on an average the number of calls in a week came to 192. The District Forum then worked out the number of calls for a period of 60 days and came to the conclusion that the bill was excessive and therefore quashed it.

IT is true that when the bills are raised on the basis of some technical equipment like meter reading, then it is necessary for the complainant to demonstrate that equipment was not working correctly, and such fault has to be demonstrated by a technical report. But in the instant case the opposite party themselves observed from the tests carried out by them as aforesaid that the average number of calls in a week was 192 which demonstrates that the metering was not satisfactory as disclosed from the disproportionate bill in question. In the circumstances it cannot be said that the District Forum was not justified in reaching the conclusion that the bill was excessive and as such liable to be quashed for fresh billing as per the average estimated by the opposite party. In the context of the aforesaid facts/ this appeal is disposed of with the direction that the opposite party shall issue another bill for the period in question on the basis of average of 192 calls per week. There shall be no order as to cost. Appeal disposed of.